Kerala High Court denies bail to police officer accused of raping minor Dalit girl

The Kerala High Court recently refused to grant bail to a police officer who stands accused of raping a 14-year-old girl belonging to a scheduled caste community [Chandrasekharan v. State of Kerala & Anr.].Justice K Babu opined that the allegations against the police officer, one Chandrasekharan, were heinous and were prima facie established by the prosecution."While the court cannot ignore the fundamental right of the accused under Article 21 of the Constitution, it cannot shut its eyes totally to the atrocious nature of the offence committed.... I have perused the case diary and the report submitted by the Investigating Officer. The material placed by the prosecution would reveal that the appellant is alleged to have committed heinous offences. The prosecution has established a prima facie case," the Court said in its order..The judgment was passed on a petition moved by Chandrasekharan challenging the order of a Sessions Court denying him bail.According to the prosecution, Chandrasekharan was teaching a course at the school where he met the 14-year-old survivor. He allegedly took her to a house promising her a birthday treat and proceeded to rape her. He was accused under various provisions of the Indian Penal Code (IPC) that penalise rape as well as provisions of the Protection of Children from Sexual Offences Act (POCSO Act). Since the minor belonged to a scheduled caste and Chandrasekharan did not, he was also charged under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989..The Court noted that the statement given by the survivor to a woman police constable contained specific allegations of rape at the hands of Chandrasekharan.After going through the case diary and the report submitted by the investigating officer, the Court concluded that the prosecution had established a prima facie case against the police officer.Therefore, the Court deemed it fit to decline him bail and dismissed his appeal. .Chandrasekharan was represented by Senior Advocate P Vijaya Bhanu, and advocates Nanditha S, PM Rafiq, M Revikrishnan, Ajeesh K Sasi, Sruthy N Bhar, Rahul Sunil, Sruthy KK, Sohail Ahammed Harris and Aaron Zacharias Benny. The survivor was represented by advocate Jayaprasad MR.Public Prosecutor Nima Jacob appeared for the State. .[Read Judgment]