Court slammed for denying cop default bail

MADURAI: Setting aside an order passed by a sessions court denying statutory bail to an armed reserve police constable in a sexual assault case, the Madurai Bench of the Madras HC called for an explanation from the judicial officer concerned. Personal liberty is an important aspect of our Constitutional mandate, the court said.

Justice K Murali Shankar gave the verdict recently while allowing an appeal filed by the constable challenging the dismissal of his statutory bail application by a special court in Virudhunagar on July 4, 2022.

He directed the Registry to call for an explanation from the concerned officer in this regard, and also granted conditional bail to the constable. According to the prosecution, the constable allegedly had a physical relationship with the complainant, who belongs to the SC community, by making false promises that he would marry her. 

Since the police failed to file a charge sheet despite the expiry of the limitation period (90 days from the date of arrest), the constable filed an application before the sessions court seeking default bail. But, his application was dismissed, challenging which he had filed the appeal.