Brett Noel Penrose, 43, handed himself in to police on January 28 after a warrant was issued for his arrest over the 2004 death of Charlotte Rose Keen.

He appeared in the Victorian Supreme Court on Wednesday seeking bail on the grounds of exceptional circumstances.

Charlotte died in the Royal Children’s Hospital on December 17, 2004 of complications from head injuries.

She also suffered bruises and a broken arm.

Justice Betty King granted Penrose’s application saying he had known he was a suspect in the matter for more than a decade, but never attempted to flee.

The significant delay in laying charges and the fact Penrose has a steady job and children were also factors in Justice King’s decision.

Penrose was ordered to report daily to the Mill Park police station and provide surety of $250,000.

He was ordered to surrender his passport and not to leave the state.

A trial date is yet to be set.