The presumption of innocence and the principle that bail is the rule while detention is the exception were central to the court's decision.

The application is filed under Section 439 of the Code of Criminal Procedure, 1973 , presently by the sole accused in Crime No.520/2024 of the Ernakulam South Police Station, Ernakulam, which is registered against her for allegedly committing the offence punishable under Section 302 of the Indian Penal Code (in short, ' IPC ). The petitioner was arrested and remanded to judicial custody on 03.05.2024.

2. The gravamen of the prosecution case is that: on 03.05.2024, in the early morning hours, the accused, who is unmarried, gave birth to a male child. Subsequently, with the intention to conceal the birth and to do away with the infant, the accused covered the face and nose of the infant with a cloth, and placed the infant in a bag, secured the bag with a rubber band, and at around 08.14 hours, threw the bag to the road. The infant lost his life due to the fall from the building and the acts of the accused. Thus, the accused has committed the above offence.

3. Heard; Sri.P.Vijayabhanu, the learned Senior Counsel appearing for the petitioner and Sri.Gracious Kuriakose, the learned Additional Director General of Prosecution.

4. The learned Senior Counsel for the petitioner contended that the petitioner is totally innocent of the accusations leveled against her. There is no material to substantiate that the petitioner has committed the offence under Section 302 of the IPC . The Investigating Officer has falsely implicated the petitioner in the crime and attributed the murder of her own child. The petitioner is a victim of rape and is a young unmarried lady, who is totally devastated and crestfallen, and is under mental depression. She has been in judicial custody for the last 80 days, the investigation in the case is complete and recovery has been completed. Moreover, the petitioner does not have any criminal antecedents. Therefore, taking into account the peculiar facts and circumstances of the case, especially that the petitioner needs medical assistance, this Court may take a lenient view and enlarge the petitioner on bail.

5. The learned Additional Director General of Prosecution formally opposed the application. He submitted that the investigation in the case, so far as the petitioner is concerned, is practically complete, the recovery has been effected, and the petitioner does not have any criminal antecedents.

6. The prosecution allegation against the petitioner is that, she for the purpose of concealing the birth of her child, murdered and threw the infant on the road.

7. The materials on record reveal that the petitioner is a 23 year old girl, who is unmarried. It is alleged that the petitioner conceived the child in a rape that was committed on her. It is without knowing the consequences, that the petitioner delivered a stillborn infant. The fact remains that the petitioner has been in judicial custody for the last 80 days, the investigation in the case is practically complete, the recovery has been effected and the petitioner does not have any criminal antecedents.

8. In Sanjay Chandra v. CBI , [2012 1 SCC 40] , the Honourable Supreme Court has categorically held that the fundamental postulate of criminal jurisprudence is the presumption of innocence until a person is found guilty. Any imprisonment prior to conviction is to be considered as punitive and it would be improper on the part of the Court to refuse bail solely on the ground of former conduct.

9. In Dataram Singh v. State of U.P. , [(2018) 3 SCC 22] the Honourable Supreme Court observed that grant of bail is a rule and putting a person in jail is an exception. Even though the grant of bail is entirely the discretion of the court, it has to be evaluated based on the facts and circumstances of each case and the discretion has to be exercised in a judicious and compassionate manner.

10. In bail applications, generally, it has been laid down from the earliest times that, the object of bail is to secure the appearance of the accused person at his trial by reasonable