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Addressing the grave allegations in the Balaramapuram child murder case, the Kerala High Court held that despite the brutal nature of the offence, the absence of direct evidence linking the mother to the act and her delayed implication warranted her release on bail.
Seven accused, arrested on 14 May 2026 for an alleged knife, wooden stick and iron rod attack on multiple victims, were granted bail by the Surat Court just eight days later, after observing that bail is the general rule under Indian criminal jurisprudence regardless of the seriousness of the offence alleged.
The Court found that the present matter is not one where wholly illicit pharmaceutical drug had been recovered from a person lacking lawful authority to possess them.
Court cites violation of speedy trial rights under Article 21, hostile witnesses, and prolonged delay in concluding prosecution evidence as reasons for granting bail
In the case at hand, it is evident from the Medical Ossification Report that the victim’s age is between 16-18 years.
“Prima facie case of ‘casting couch’ practices, which must be dealt with a heavy hand. Such offences, which exploited professional aspirations for sexual gratification, constituted a serious affront to the dignity of women.”
‘In our country, there are hermits and sages who do not have permanent homes or residences and stay in ashrams, and even those people can be and have been arraigned as accused.’
“…simply on the ground of forwarding messages, video which may hurt the religious sentiment of community, a person cannot be indefinitely kept in jail.”
“The right to life and personal liberty cannot be rendered nugatory by unwarranted delays in the judicial process, particularly where such delay(s) is neither attributable to the accused nor justified by the prosecution with cogent reasons. An individual cannot be kept behind bars for an inordinate period of time by taking refuge in the rigours of Section 37.”