Kerala HC grants pre-arrest bail to woman who allegedly threw her newborn out the window, citing lack of intent

The Kerala High Court recently granted pre-arrest bail to a woman who was accused of throwing her newborn baby out of the hospital window, stating that there was no evidence to prove her intent to cause the death of the child. 

Justice Kauser Edappagath noted that the accused did not have any criminal history, the investigation was almost over and that her custodial interrogation seemed unnecessary considering the allegations against her. 

The prosecution alleged that the woman, who was unmarried, reached Taluk Headquarters Hospital, Haripad, complaining of stomach pain and while under observation, she gave birth to a child in the attached bathroom. Allegedly, to avoid the situation arising out of the baby’s birth, she threw the baby through the window. The accused claimed that she was innocent and was falsely implicated. 

The court granted the bail plea under conditions including the execution of a bond for ₹1 lakh, full cooperation with the investigation, regular check-in every week with the investigating officer, and not to leave the State without the permission of the trial court.