NEW DELHI: The Supreme Court will examine whether the victims' side should be heard before granting bail to the accused in rape cases. A bench comprising Justices B R Gavai and K V Vishwanathan made the observation while hearing a plea against the Kerala High Court's order that cancelled the anticipatory bail granted to an accused in a rape case.
The High Court had cancelled the anticipatory bail by pointing out that the bail was granted without hearing the arguments of the victim in the rape case. The accused approached the Supreme Court against this High Court order. The Supreme Court, which issued a stay on the High Court order, has also sent a notice in the matter.
In the order cancelling the anticipatory bail, the court had pointed out that the accused was cooperating with the investigation. Senior advocate R Basant and advocate Sriram Parakad, who appeared for the petitioner, argued that the High Court's decision to cancel the anticipatory bail by citing technical reasons was wrong. Following this, the Supreme Court decided to examine whether courts should hear the victim's side before granting bail to the accused in rape cases.