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

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