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