Kerala High Court Upholds Right to Bail: Community Sentiments Can’t Deny Accused’s Freedom.

Kerala High Court Upholds Right to Bail: Community Sentiments Can't Deny Accused's Freedom.
Kerala High Court Upholds Right to Bail: Community Sentiments Can't Deny Accused's Freedom.
Kerala High Court Upholds Right to Bail: Community Sentiments Can't Deny Accused's Freedom.
Kerala High Court Upholds Right to Bail: Community Sentiments Can't Deny Accused's Freedom.

Kerala High Court Upholds Right to Bail: Community Sentiments Can’t Deny Accused’s Freedom.

Kerala High Court Upholds Right to Bail: Community Sentiments Can’t Deny Accused’s Freedom.

In a significant ruling, the Kerala High Court has reinforced the principle that the right to bail should not be denied based on community sentiments against the accused. The court’s decision came as it granted bail to 22-year-old Greeshma, who had been accused of poisoning her friend, 23-year-old Sharon, leading to his tragic death in October last year. This development underscores the importance of upholding individual rights even in the face of public opinion.

A Tragic Incident Unfolds

Parassala native Sharon lost his life on October 25, 2022, after an 11-day struggle in Thiruvananthapuram Medical College Hospital. His family alleged foul play, accusing Greeshma and her family of poisoning him with a concoction of kashayam (Ayurvedic decoction) and expired juice. The case took a turn when Greeshma applied for bail, asserting her innocence.

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Age and Cooperation Considered

Justice Mohammed Nias C P, while granting bail to Greeshma, emphasized that her age, being just 22, was a significant factor. He noted her full cooperation with the investigation and found no reason to believe she would abscond if released on bail.

Presumption of Innocence and the Right to Bail

The court reaffirmed the fundamental legal principle that every person is presumed innocent until proven guilty. It stressed that bail should be the norm, with incarceration as an exception. This approach aligns with Article 21 of the Indian Constitution, which safeguards individual rights and liberty.

Community Sentiments Shouldn’t Trump Legal Rights

The Kerala High Court made a resounding statement by asserting that community sentiments alone cannot justify denying bail to an accused. It emphasized that bail should not be used as a punitive measure pending trial. This decision underscores the court’s commitment to upholding the rule of law and ensuring a fair legal process.

Balancing Justice and Individual Rights

In conclusion, the Kerala High Court’s decision to grant bail to Greeshma serves as a reminder that justice must always be tempered with the protection of individual rights. It sets a precedent that legal proceedings should not be swayed by public opinion or community sentiments. The court’s commitment to upholding the presumption of innocence and the right to bail reaffirms the core principles of the Indian legal system.

Kerala HC EPS1

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