Kerala High Court Grants Pre-Arrest Bail To Woman Accused Of Throwing Newborn Baby From Hospital Window, Says 'Intent' Not Shown
The Kerala High Court recently granted pre-arrest bail to a 20-year-old woman booked for attempted murder of newborn, who she threw out of the window after giving birth in the hospital bathroom. [2026 LiveLaw (Ker) 510]Dr. Justice Kauser Edappagath noted that there were no materials suggesting that the woman intended to cause the death of the child and that she did not have any...
The Kerala High Court recently granted pre-arrest bail to a 20-year-old woman booked for attempted murder of newborn, who she threw out of the window after giving birth in the hospital bathroom. [2026 LiveLaw (Ker) 510]
Dr. Justice Kauser Edappagath noted that there were no materials suggesting that the woman intended to cause the death of the child and that she did not have any criminal antecedents.
“The applicant is an unmarried lady. The prosecution allegation is that she delivered a baby in the bathroom of the hospital and threw the baby away through the window. 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 criminal antecedents. The investigation is almost over. Considering the allegations made against the applicant, her custodial interrogation seems unnecessary,” the Court added.
The prosecution allegation was that the petitioner reached one night at the Taluk Hospital at Haripad complaining of stomach pain. When the doctor tried to examine her stomach, she did not permit it and she was advised to take rest in the observation room.
It is further alleged that she gave birth to a baby inside the hospital bathroom at midnight and that in order to avoid the situations arising out of the birth and with an intent to cause the baby's death, the petitioner threw her away through the bathroom window.
She was booked under Section 109(1) of the Bharatiya Nyaya Sanhita [Attempt to murder]. Pleading that she is innocent, she has sought pre-arrest bail from the High Court. The prosecutor opposed the bail plea and pointed out that the incident occurred as part of the petitioner's intentional criminal acts.
After hearing the parties, the Court felt it fit to grant her anticipatory bail on conditions. Thus, it allowed the plea.
Case No: Bail Appl. No. 4698 of 2026
Case Title: A v. State of Kerala
Citation: 2026 LiveLaw (Ker) 510
Counsel for the petitioner: Hyma S.
Counsel for the respondent: Aneeda Beegum – Senior Public Prosecutor