The Kerala High Court has granted pre-arrest bail to a 20-year-old woman in a case arising from the alleged throwing of a newborn baby through a hospital bathroom window. The Court found that the case record did not indicate that the alleged act was committed with an intention to cause the child's death.
The order was passed by Dr. Justice Kauser Edappagath on September 11, 2026, in Bail Application No. 4698 of 2026. The application was filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which deals with pre-arrest bail.
Background
According to the prosecution case recorded in the order, the applicant, an unmarried 20-year-old woman, reached Taluk Head Quarters Hospital, Haripad, at around 9 p.m. on May 25, 2026, complaining of stomach pain.
The prosecution alleged that when the duty doctor attempted to examine her abdomen, she did not permit the examination and was advised to rest in the observation room. Around 12:15 a.m., she allegedly gave birth to a female child in the bathroom attached to the observation room.
The prosecution further alleged that, after the birth, the applicant threw the newborn through the bathroom window with an intention to cause the child's death. The case was registered under Section 109(1) of the Bharatiya Nyaya Sanhita, 2023.
The applicant's counsel argued that she was innocent and had been falsely implicated. It was also submitted that there were no materials connecting her with the alleged offence and that she should therefore be granted bail.
The Senior Public Prosecutor opposed the plea, submitting that the incident was allegedly part of intentional criminal acts and that releasing the applicant at that stage could affect the investigation. The Court considered both submissions and also examined the case diary.
After examining the material before it, the Court noted that the prosecution allegation concerned the delivery of the child in the hospital bathroom followed by the alleged throwing of the baby through the window.
However, the Court found that the record did not contain material showing that the alleged act was carried out with an intention to cause the child's death.
"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 also took note of the fact that the applicant had no previous criminal record and that the investigation was almost complete. In these circumstances, it held that custodial interrogation was not necessary.
The High Court allowed the bail application and directed that the applicant be released on pre-arrest bail in the event of her arrest.
The Court required her to execute a bond of Rs. 1 lakh with two solvent sureties for the same amount. She was also directed to cooperate with the investigation and appear before the investigating officer every Saturday between 10 a.m. and 11 a.m. until further orders.
The Court further restrained her from contacting prosecution witnesses or interfering with the investigation and directed that she should not leave Kerala without the permission of the trial court.
The bail application was accordingly allowed subject to the specified conditions.
