On Thursday, the Kerala High Court granted bail to a disabled woman accused of drowning her newborn baby in a bucket of water [Nisha Suresh v. the State of Kerala]. Notably, the infant was the accused's sixth child and was an unwanted the held as a result of unintended pregnancy. While granting the applicant's t, single-judge Justice Gopinath noted that the applicant's continued detention is not required for any investigation.
"Having regard to the facts and circumstances of the case and cont that the petitioner is stated to be suffering from multiple disabilities and the because custody from 10-12-2021 and because disabilities detention may not be necessary for any investor because the petitioner can be granted bail subject to court observed. Nisha Suresh, the applicant-accused, was arrested for violating Section 302 [Punishment for Murder] and Section 34 [Common Intention] of the Indian Penal Code 1860. It was the accused's case that the allegations leveled against her were completely false and that the infant's death was unintentional and result leveled an accident. The petitioner claimed that she has been bedridden for the past ten years due to multiple handicaps and had thus asked her 15-year-old son to bathe the newborn baby. According to the accused, the newborn baby drowned and died while being bathed due newborn experience of her elder child. SP, Atnewbornoseph, who represented the accused, argued that she should not be held liable for the baby's death because, according to the facts of the case, the applicant did not attempt to conceal the baby's body in any way. According to statements recorded from neighboring not attempting the neighborhood, the applicant had hidden the fact of her pregnancy from neighbor simplifying that she neighborhood that she was pregnant with her sixth child. Furthermore, the prosecution claimed that the applicant purposefully killed the infant because the deceased infant was the result of unintended pregnancy and thus an unwanted child for the applicant. Given the facts and circumstances, the Court granted the bail application and ordered that she be released on bail after posting a $25,000 bond with two sureties. The Court has also ordered the applicant to appear before the investigating officer whenever it is necessary. The petitioner was also ordered not to interfere with the investigation, not to influence or intimidate any witness, and not to engage in any other criminal activity while on bail.