GEORGE TOWN: A teenager facing a murder charge was sent to jail after her bail was revoked by the Magistrate’s Court here.
Magistrate Jamaliah Abd Manap said the bail was automatically revoked as the case was transferred to the High Court.
She said the conditional bail was initially offered until the case was transferred to the High Court.
“The case has been transferred to the High Court, so the bail no longer stands,” she said in court after hearing arguments from both the deputy public prosecutor and the defence lawyer.
M. Santhiea, 18, was previously granted bail after her counsel brought her case to the Court of Appeal to allow her bail under Section 388(1) of the Criminal Procedure Code.
Section 388(1) of the Criminal Procedure Code allows the court the discretion to grant bail to a woman or a sick or infirm person even for those charged under Section 302, a non-bailable offence.
Earlier in court, Deputy Public Prosecutor Yazid Mustaqim Roslan told the court that it can revoke the bail under Section 388(5) of the Criminal Procedure Code which allows the court to revoke bail by arresting the accused and returning the accused into custody. Santhiea’s counsel, S. Meharaj, told the court that the teenager had fulfilled all bail requirements and turned up for all court proceedings.
He said Santhiea is still undergoing psychiatric and orthopaedic treatment and that putting her in jail could jeopardise her health.
Later, outside the courtroom, Meharaj said his client would be sent to the Perlis correctional facility until her case is heard by the High Court.
“We will apply for bail when her case comes up in the High Court,” he said.
Santhiea is on trial for allegedly killing her newborn daughter at 8.25am on July 10 this year at an apartment in Bandar Baru Ayer Itam.
She is charged under Section 302 of the Penal Code for murder which carries a death sentence upon conviction.
