{"id":335824,"date":"2024-11-23T15:00:28","date_gmt":"2024-11-23T09:30:28","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=335824"},"modified":"2024-11-30T15:03:01","modified_gmt":"2024-11-30T09:33:01","slug":"kerala-high-court-denies-bail-police-officer-accused-raping-minor-dalit-girl","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2024\/11\/23\/kerala-high-court-denies-bail-police-officer-accused-raping-minor-dalit-girl\/","title":{"rendered":"Where offence shakes public confidence, bail shall not be granted: Kerala HC denies bail to police officer accused of raping minor Dalit girl"},"content":{"rendered":"
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Kerala High Court:<\/span> In an appeal filed by accused under Section 14-A<\/a> of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989<\/a> (‘SC\/ST Act’), against the order passed by the Additional Sessions Court, which was dismissed, K. Babu, J. denied bail to the accused, acknowledging that while the court must respect the fundamental right to liberty of the accused under Article 21<\/a> of the Constitution<\/a>, it also cannot overlook the atrocious nature of the offense committed.<\/p>\n

It was alleged that the accused committed the offences punishable under Sections 376(2)(a)(f)(n)<\/a>, 376(3)<\/a>, 354<\/a>, 354(A)(1)(i)(ii)(iii)<\/a>, 354(B)<\/a>, 354(D)(ii)<\/a> and 363<\/a> of the Penal code, 1860<\/a> (‘IPC’), Sections 4(1) r\/w Section (3)(a)(c), 6(1)<\/a> r\/w Section 5(a)(ii)(iii)(iv)<\/a>, 5(l)(k)(p)<\/a>, 10<\/a> r\/w Section 9(a)(ii)(iii)(iv)<\/a>, 9(c)(l)(p)<\/a>, 12<\/a> r\/w Section 11(iv)<\/a> of the Protection of Children from Sexual Offences Act<\/a> (‘POCSO Act’) and Section 3(2)(v) of the SC\/ST Act.<\/p>\n

The accused was not a member of a scheduled caste or scheduled tribe. The victim was a member of the scheduled caste. The accused was a police officer working as SPC Instructor. The victim was a 14-year-old student studying at GVHSS, Puthanchira. The accused was entrusted with the responsibility of training the students at the school in the SPC course. The accused seduced the victim by maintaining a relationship over mobile phone. By offering birthday treat, on 14-11-2022, he took her to a house near Cheraman mosque, Kodungallur, and committed assault on her.<\/p>\n

The Court noted that the accused was arrested on 26-09-2024 and has been in judicial custody since then.<\/p>\n

The Court said that the jurisdiction to grant bail has to be exercised on the basis of well-settled principles having regard to the facts and circumstances of each case.<\/p>\n

The Court laid down the following factors to be taken into consideration while dealing with application for bail:<\/p>\n