Court of Appeal grants bail to college student charged with murder of newborn daughter

  • Nation
  • Monday, 14 Sep 2020

PUTRAJAYA: The Court of Appeal set bail of RM30,000 for an 18-year-old college student charged with the murder of her newborn daughter.

Court of Appeal judges Justice Datuk Seri Kamaludin Md Said, Datuk P. Ravinthran and Datuk Indera Mohd Sofian Tan Sri Abd Razak granted bail with one surety and ordered M. Santhiea to report to the nearest police station near her home in Penang every Saturday.

It was also ruled that she cannot apply for a passport and that she should not interfere with or disturb potential witnesses.

The Court of Appeal granted the bail application after hearing the notice filed with the court after the High Court in Penang dismissed the application for bail filed by Santhea's lawyer, RSN Rayer.

On July 16, Santhea had been charged with murdering her newborn daughter by tossing the baby out of her 13th-floor apartment unit.

She allegedly killed the baby at 8.25am on July 10 at the Sri Ivory Apartment, Bandar Baru in Ayer Itam and faces the mandatory death sentence if found guilty of the offence under Section 320 of the Penal Code.

Speaking to The Star after hearings on Monday (Sept 14), Rayer said that he had appealed for the bail to be granted, even though the charge is a non-bailable offence as Santhea still requires medical attention.

He added that he had argued that Section 388(1) of the Criminal Procedure Code allows the court the discretion to grant bail to a woman or an ill or otherwise infirm person.

"As such, my client is entitled to bail as she requires gynaecological attention from doctors due to her giving birth to the child unassisted at home, ” said Rayer.

"Even if its a non-bailable offence like murder, the court is vested with the jurisdiction to grant bail if the accused is a child below the age of sixteen, a woman or a sick or otherwise infirm person, ” he added.

Rayer added that bail was posted by her family and the next case mention date would be Oct 15 at the George Town Magistrates court in Penang.

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