HC cancels bail of rape accused cop

A CORRESPONDENT

SHILLONG, Sept 11: The Meghalaya High Court on Friday cancelled the bail of a Meghalaya police officer who is accused of raping two minor sisters.

Later in the day after the High Court order, Islam was produced before the court of district and session judge here, which remanded him into judicial custody till September 21.

In his order, Meghalaya High Court Judge, Justice TNK Singh said, “This Court is sorry to say that the learned Special Judge (POCSO), Shillong did not even make a whisper for consideration of the guiding principles for granting bail propounded by the Apex Court.”

Justice Singh also said that there is no indication in the impugned bail orders dated June 24 and July 8 for considering the materials available on record or the evidence collected by the prosecution against the accused police officer and also no reason for granting bail by referring to the material available on record.

Justice Singh also said that Islam is charged for committing a serious offence including the offence under Section 29 of the POCSO Act, 2012.

According to the Meghalaya High Court, it has no altertive except to come to the conclusion that the said bail orders dated June 24 and July 8 were passed by the learned Special Judge (POCSO), Shillong by non-application of mind and also ignoring the relevant material indicating prima facie involvement of the accused police officer.

“Thus the impugned bail orders dated 24.06.2015 and 08.07.2015 are illegal and perverse orders,” Justice Singh said in his order. Earlier, a lower court had given Islam bail with strict riders. The court had set some conditions while granting bail to Islam - he should appear in court regularly, should not try to abscond, should cooperate in the trial and the witnesses should not be threatened. Islam had to furnish a bond amount of Rs 1 lakh, with two sureties of the same amount.

Islam, who was the sub-inspector at Ampati police station in South West Garo Hills, was allegedly accused of raping two girls at Ampati in March 2013. He was subsequently dismissed from his service.