Disabled mother granted bail after newborn drowned to death: Kerala High Court

IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR. JUSTICE GOPINATH P THURSDAY THE 20TH DAY OF JANUARY 2022 30TH POUSHA 1943 BAIL APPL. NO. 274 OF 2022 Crime No.1761 2021 of Kanjirapally Police Station AGED 33 YEARS W O.SURESH MAROORMALAYIL HOUSE PALOORKKAVU BHAGOM PALOORKKAVU KARA PERUVANTHANAM VILLAGE PEERMADE TALUK IDUKKI DISTRICT PRESENTLY RESIDING AT PICHAKAPALLIL HOUSE MUKKALI BHAGOM EDAKUNNAM KARA EDAKUNNAM VILLAGE KANJIRAPALLY TALUK BY ADV SIJO PATHAPARAMBIL JOSEPH STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM 682 031 BY ADV PUBLIC PROSECUTOR ADV NOUSHAD K.A(PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.01.2022 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A. No.274 2022 2 O R D E R The petitioner is the accused in Crime No.1761 2021 of Kanjirapally Police Station Kottayam District alleging commission of offence under Section 302 read with Section 34 of the Indian Penal Code. The allegation against the petitioner is that she along with her elder child who aged only 15 caused death of her new born baby who was her 6th child by dropping the baby in a bucket of water. The learned counsel for the petitioner submits that the allegations are totally false and that the death of the baby occurred on account of an accident. It is submitted that the petitioner is suffering from multiple handicaps and is bedridden for the last 10 years. It is submitted that she had requested her elder child who is aged 15 years to bathe the new born baby and owing to the inexperience of her daughter the new born baby accidentally died while it was being bathed. It is submitted that this is clear from the fact that the petitioner did not made any attempt whatsoever to conceal the body of the baby in any manner. I have heard the learned Public Prosecutor also. The learned Public Prosecutor submits that as per the statements recorded from the neighbours and other people in the locality the petitioner had hidden the fact of her pregnancy to everyone as she was ashamed that she was pregnant with her 6th child. It is submitted that the new born baby was apparently an B.A. No.274 2022 3 unwanted child and the child was killed purposefully at the instance of the petitioner. It is submitted that grant of bail to such a person may not be conducive as the safety of other children has also to be ensured. 5. Having regard to the facts and circumstances of the case and considering the fact that the petitioner is stated to be suffering from multiple disability and the fact that she has been in custody from 10 12 2021 and considering the fact that her continued detention may not be necessary for the purpose of any investigation I am opinion that the petitioner can be granted bail subject to conditions. In the result this bail application is allowed. It is directed that the petitioner shall be released on bail subject to the following conditions: i) The petitioner shall execute a bond for a sum of Rs.25 000 with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court ii) The Petitioner shall report before the Investigating officer in Crime No.1761 2021 of Kanjirapally Police Station as and when summoned to to do iii) The petitioner shall not attempt to interfere with the investigation influence or intimidate any witness in Crime No.1761 2021 of Kanjirapally Police Station iv) The petitioner shall not involve in any other crime while on bail. B.A. No.274 2022 4 If any of the aforesaid conditions are violated the Investigating officer in Crime No.1761 2021 of Kanjirapally Police Station may file an application before the jurisdictional Court for cancellation of bail

Summary: The issue was whether a disabled mother can be granted bail upon being accused of killing her child by drowning her in a bucket of water was before consideration of the Kerala High Court in a bench consisting of Justice Gopinath P in the matters between Nisha Suresh v. State of Kerala B.A. No.274/2022 decided on 20.1.2022. The facts of the case are that the deceased infant was the accused’s 6th child and apparently an unwanted child as a result of an unwanted pregnancy. She is accused of dropping the baby into a bucket of water and thus drowning it and charged for offences under Section 302 read with Section 34 of the Indian Penal Code 1860..The present petition is an application for granting her bail. The Petitioners contended that The allegations made against him are completely unfounded and that the baby’s death was unintentional and resulted from an accident. She bathe her newborn baby from her 15-year-old elder as she has had multiple disabilities for the past 10 years and has been bedridden. Due to the inexperience of the eldest child, the newborn baby drowned accidentally and later died while taking a bath.The applicant should not be held responsible for the death of the infant on the basis of the facts. In the present case, no attempt had been made to conceal the baby’s body in any way. The Respondent contended that according to the testimonies of neighbors and others, the applicant concealed her pregnancy, implying that she was ashamed that she was pregnant with her 6th child. The applicant had deliberately killed the baby, since the deceased baby was the result of an unwanted pregnancy and therefore an unwanted child for the applicant. The Kerala High Court held the applicant’s continued detention was not necessary for any investigation. The court allowed her application for bail and ordered her to be released on a bail of Rs.25,000  along with two sureties. The court also requested the applicant to report before Investigation officer whenever necessary. The petitioner was also instructed not to interfere with the bail investigation, influence or intimidate any witness, and not be involved in any other crime while on bail.