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Grants to Woman Who Threw Newborn from Hospital Window
In a significant ruling, the has granted relief to a 20-year-old unmarried woman accused of throwing her newborn baby out of a hospital bathroom window. The court found no material on record to prove she intended to cause the child's death.
A Mother's Desperate Act
The case unfolded on the night of
, when the woman arrived at the
Taluk Head Quarters Hospital in Haripad
, Alappuzha, complaining of severe stomach pain. When a doctor attempted to examine her abdomen, she refused and was advised to rest in the observation room. Around
12:15 a.m.
, she delivered a female child alone in the attached bathroom. According to the prosecution, the woman then allegedly threw the newborn through the bathroom window
"in order to avoid the situations arising out of the birth"
and with an intention to cause the baby's death.
The Charge Under Section 109(1) BNS
Based on these allegations, the registered Crime No.422/2026 against the woman under — the provision equivalent to the earlier dealing with attempt to murder. The woman, Abhirami , approached the High Court seeking under .
Arguments from Both Sides
Represented by , the petitioner contended that she was innocent and had been falsely implicated. She argued that no material existed to connect her with the alleged crime, making her entitled to bail. The , opposed the plea, asserting that the incident stemmed from intentional criminal acts and that releasing the woman at this stage could hamper the investigation.
The Court's Critical Observation
Dr. Justice Kauser Edappagath , presiding as a single bench, examined the case diary and the submissions. The judge zeroed in on the crucial element of — the .
"However, there is nothing on record to suggest that the said alleged act was committed with an intention to cause the death of the child. The applicant has no . The investigation is almost over. Considering the allegations made against the applicant, her seems unnecessary."
This observation became the cornerstone of the court's decision. The judge noted that while the prosecution alleged the baby was thrown away, the record lacked any evidence showing a deliberate intent to kill the newborn.
No Criminal Record, Investigation Nearly Complete
The court also took into account that the woman had no prior criminal history and that the investigation was in its final stages. Given these factors, the judge concluded that
was not required, making this
"an appropriate case to grant
."
Bail Granted with Strict Conditions
Allowing the application, the High Court directed that the woman be released on bail in the event of her arrest, subject to the following conditions:
- She must execute a bond of ₹1,00,000 (One Lakh Rupees) with two of the same amount, to the satisfaction of the arresting or investigating officer.
- She must fully cooperate with the investigation, including submitting to police custody for discovery if demanded.
- She must appear before the investigating officer every Saturday between 10 a.m. and 11 a.m. until further orders, and also whenever required.
- She must not commit any offence of a like nature while on bail.
- She must not contact any prosecution witnesses or tamper with evidence in any manner.
- She must not leave the State of Kerala without the permission of the .
Implications of the Ruling
The decision underscores the judiciary's sensitivity in cases involving new mothers and highlights the importance of establishing before denying bail. By emphasizing the lack of evidence of , the court has set a precedent that could influence similar cases where desperate circumstances surround childbirth.
The application for deletion or modification of bail conditions, or for cancellation on grounds of violation, shall be filed at the , the order clarified.
