Shivani Gadhavi
Published On: January 22, 2022 at 17:13 IST
The Kerala High Court on January 20, 2022 granted Bail to a woman with disability who is Accused of killing her sixth new-born child by dropping it into a bucket intentionally, as the baby was unwanted by the Accused.
The Single-Judge Bench of Justice Gopinath P was hearing the matter in the case of Nisha Suresh v. State of Kerala within which Nisha Suresh, the Accused in the Case, is booked under Offence of Section 302 (Punishment for Murder) and Section 34 (Common Intention) of the Indian Penal Code.
The Court stated, “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.”
The Counsel for the Accused, Advocate S P Joseph argued that the Accused should not be held guilty for the death of her own child as she did not make any attempt whatsoever to conceal the dead body of the baby.
The Accused stated that she is handicapped and has been bedridden due to the disability since 10 years and therefore asked her eldest child aged 15 years to give the new born baby a bath since she could not, and as the consequence of the inexperience of 15-year-old child, the new-born baby died after falling inside a bucket full of water.
The Prosecution argued that the Accused killed the baby out of shame of getting pregnant for the 6th time, as the pregnancy was unintentional and the baby was unwanted by the mother.
The Court in this regard granted Bail to the Accused after she executes a bond of INR 25,000 with two sureties. The High Court directed to be present whenever the Investigation Officer needs her presence.