Kerala High Court Rejects Bail Request of Police Officer Charged with Raping a Minor, Emphasizing the Horrific Nature of the Crime.
The Kerala High Court rejected the bail request from a police officer accused of raping a minor, stating that it cannot ignore the serious nature of the crime. The Court highlighted the “horrific offense” allegedly committed by the officer, who was a drill instructor at the victim’s school, and noted that bail should not be easily granted when there is a clear case against the accused. The officer faces multiple charges under various sections of the Indian Penal Code and the Protection of Children from Sexual Offences Act, as well as the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Justice K. Babu, in a single bench, remarked that while the court must respect the accused’s rights under Article 21 of the Constitution, it cannot overlook the severe nature of the crime. The challenge lies in balancing these two aspects to ensure justice for both sides. The prosecution claims that the victim, a 14-year-old student, was under the officer’s training in the SPC course when the alleged assault occurred on Children’s Day, following a prior relationship established through mobile communication.
The Appellant was taken into custody in September 2024 and has remained in judicial detention since that time. His request for regular bail was previously denied by the Trial Court. The High Court observed that the decision to grant bail must follow established principles, considering the specific facts and circumstances of each case. “There are no strict rules for granting or denying bail. Each situation must be evaluated based on its own facts and merits. The court’s discretion should be used wisely and not randomly,” the Court stated. “If the crime is serious enough to undermine public trust, bail should not be granted. Bail is generally the norm, while imprisonment is the exception, but those accused of serious and severe crimes fall into the exception,” the Bench noted.
As a result, the Court concluded, “After reviewing all the circumstances, I believe the appellant should not be granted bail. The Criminal Appeal has no merit and is therefore dismissed.” Thus, the High Court rejected the Appeal.
Cause Title: Chandrasekharan v. State of Kerala & Anr. (Neutral Citation: 2024:KER:86786)
