A magistrate had previously ordered Santhiea Mahadevan, 18, who is charged with murder, to remain in jail in Perlis despite an appellate court having allowed her bail.
High Court Judge Amirudin Abd Rahman, in reviewing the bail request, said he needed “a few days to deliberate” on the matter.
Santhiea was earlier granted bail of RM30,000 on medical grounds as she suffered from complications related to her delivery. The bail was granted by the Appeals Court after two lower courts dismissed her earlier applications.
However, on Dec 17, magistrate Jamaliah Abd Manap, who presided over her case, revoked her bail since the case had been transferred to the High Court.
Murder cases are tried in the High Court but charged earlier in the Magistrates’ Court.
Today, Santhiea’s lawyers, led by RSN Rayer, argued that she should be allowed bail as she met the requirements under the Criminal Procedure Code (CPC).
Rayer cited the example of Samirah Muzaffar, who is also charged with murder but allowed bail by virtue of being a woman.
He said that when Santhiea’s bail was given by the appellate courts, she had not breached terms set by the court earlier, hence, it should be considered to be extended throughout.
Deputy public prosecutor Khairul Anuar Abdul Halim said that under the CPC, those charged with crimes such as murder were allowed bail only under “exceptional” circumstances.
He said Santhiea would continue to receive the medical treatment she needed while in custody.
However, Rayer argued that it was clear the CPC stated that a woman charged with murder or other non-bailable offences could still be allowed bail.
Santhiea is accused of causing the death of her newborn at Sri Ivory Apartment in Bandar Baru Air Itam here at 8.25am on July 10 last year. The offence, under Section 302 of the Penal Code, carries the death penalty upon conviction.
Following her arrest, she was held in custody at the Penang Hospital for treatment related to injuries sustained during childbirth. On Dec 17, she was moved to the Perlis Correctional Centre where she has remained since.