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PUTRAJAYA: The Court of Appeal set a bond of RM30,000 for an 18-year-old college student charged with the murder of her newborn daughter.
The judges of the Court of Appeal, Judge Datuk Seri Kamaludin Md Said, Datuk P. Ravinthran and Datuk Indera Mohd Sofian Tan Sri Abd Razak, granted bail with a guarantee and ordered M. Santhiea to appear every Saturday at the nearest police station near his home in Penang.
It was also ruled that you cannot apply for a passport and that you must not interfere with or disturb potential witnesses.
The Court of Appeal granted the bail request after hearing the notice filed with the court after the Penang High Court dismissed the bail request submitted by Santhea’s attorney, RSN Rayer.
On July 16, Santhea had been charged with murdering her newborn daughter by throwing the baby out of her apartment on the 13th floor.
She allegedly killed the baby at 8.25am on July 10 at the Sri Ivory, Bandar Baru apartment in Ayer Itam and faces the mandatory death penalty if convicted of the crime under Article 320 of the Penal Code.
Speaking to The Star after hearings on Monday (September 14), Rayer said that he had appealed for bail, despite the charge being a non-bail offense as Santhea still requires medical attention. .
It added that it had argued that article 388 (1) of the Code of Criminal Procedure allows the court the discretion to grant bail to a woman or a sick or other person.
“As such, my client is entitled to a bond as she requires gynecological care from doctors because she gave birth to the child without help at home,” Rayer said.
“Even if it is a non-bailable crime such as murder, the court has jurisdiction to grant bail if the defendant is a child under the age of sixteen, a woman or a sick or ill person,” he added.
Rayer added that his family posted bail and that the next date for the case to be brought up would be October 15 at George Town Magistrates Court in Penang.
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