Section 438(4) CrPC does not bar anticipatory bail in child rape cases if no prima facie case against accused: Kerala High Court

“Section 438(4) of CrPC, if treated as absolute, there will be no protection available to innocent persons against whom false and motivated accusations are made,” the Court reasoned.
Kerala High Court
Kerala High Court

The Kerala High Court on Wednesday held that Section 438 (4) of the Code of Criminal Procedure (CrPC) does not create an absolute bar on granting pre-arrest or anticipatory bail to persons accused of raping minors, particularly when no prima facie case found against the accused.

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