'Allegations May Be False': Kerala HC Grants Bail To Man Accused Of Sexually Abusing His Minor Daughter

The Kerala High Court granted bail to a man accused of sexually abusing his minor daughter observing that there is a possibility that the allegations may be false.

The Court was dealing with a bail application filed by the accused father in relation to the offences under Section 354-A(1)(i) of the Indian Penal Code (IPC) and Section 9(m)(n) and (l) read with Section 10 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

The Court noted the contention raised that these allegations were raised after the accused and his wife objected to the victim following a Korean pop band known as BTS which according to the accused and his wife was ‘Un-Islamic.

A Single Bench of Justice Gopinath P. said, “Having heard the learned Senior counsel for the petitioner, the learned Public Prosecutor and the totality of the facts and circumstances of the case, I am of the opinion that the petitioner can be granted bail subject to conditions. It is no doubt true that the allegations are serious. However, certain circumstances mentioned above, leads me to conclude that there is a possibility that the allegations may be false.”

Senior Advocate P. Vijaya Bhanu represented the petitioner i.e., accused while Senior Public Prosecutor Noushad K.A. and Senior Advocate P. Vijayabhanu represented the respondents i.e., State and complainant.

Factual Background -

The allegation against the accused was that he had, on several occasions, from the month of June 2020, sexually abused his minor daughter aged 14 years, by touching and kissing her on her private parts, both at the residence as also in a hotel where they stayed to see off the elder brother of the victim to London. It was alleged that owing to the violent nature of the accused, the victim had not disclosed the incident to anyone out of fear. It was further alleged that after the accused did not allow the victim to go on a school trip to Wayanad, she revealed the incident to her aunt.

The counsel for the accused submitted that the allegations raised against the accused were false as the same were raised, primarily on account of the fact that the accused and his wife had objected to the victim following a Korean pop band known as BTS which according to the accused and his wife was ‘Un-Islamic’. It was also submitted that the victim had started following the said band on the instigation of her aunt and under the influence of the said aunt and being aggrieved by the fact that the accused had not permitted to go on a school trip to Wayanad, (though the younger daughter was permitted to go), the victim had raised false allegations against the accused.

The High Court in view of the above facts observed, “While it may not be proper for this Court to make any conclusion regarding the matter. While considering the bail application of the petitioner, the same can be taken note of for considering whether the petitioner can be granted bail. Since investigation has been completed and final report has been filed, continued detention of the petitioner is not necessary for the purpose of investigation.”

The Court added that the only apprehension can be that since the victim is none other than the daughter of the petitioner, there is every chance of the victim being influenced or intimidated, if the petitioner is granted bail. However, the Court noted that even according to the prosecution, the custody of the minor victim is now with her aunt, following orders issued by the Family court.

“Therefore, necessary conditions can be imposed to ensure that the petitioner does not come into contact with the victim in any manner and the petitioner can be granted bail subject to conditions”, ordered the Court.

Accordingly, the High Court allowed the bail application and directed the petitioner to execute a bond of Rs. 50,000/-.

Cause Title- XXX v. State of Kerala & Anr. (Neutral Citation: 2023:KER:81534)

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