Allegations Are Severe & Insult To Motherhood: Kerala HC Refuses Bail To Mother Accused Of Giving Consent To Step Father To Rape Her Daughter

The Kerala High Court denied bail to a Mother of a minor victim accused of consenting to the rape of her daughter by the Step Father.

The Court observed that the Petitioner is not entitled to anticipatory bail as the allegations against her are severe and an insult to motherhood.

Justice Gopinath P observed, “The allegation against the petitioner are very serious and if true they are an insult to motherhood… The petitioner being the biological mother of the minor victim may be in a position to influence or intimidate the victim if she is granted bail”.

Advocate T.K Sandeep appeared for the Petitioner, and Senior Public Prosecutor Noushad K.A appeared for the Respondent.

A Bail Application was filed before the High Court in a case registered for the offences punishable under Sections 376 (2) (n) and 376 (3) of the Indian Penal Code (IPC) and Sections 4, 3 (a), 6, 5 (l) (m) and (p), 11 (i) (ii) & (iv) read with 12 and 16 read with 17 of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act) and Section 75 of the Juvenile Justice Act (JJ Act).

Per the prosecution’s case, the stepfather of the minor victim (First Accused) and the mother (Petitioner/Second Accused) had indulged in talks having sexual flavors. It is alleged that the minor victim was forced to send her nude pictures to the mobile phone of her stepfather. It was also contended that the First Accused committed penetrative sexual assault and rape on the minor victim and thereafter continued such activity at a rented house, with the knowledge and consent of the Petitioner.

“The statement of the victim that she was subject to rape even in the presence of the petitioner / 2nd accused is another reason which compels me to hold that the petitioner is not entitled to bail”, the Court noted.

Accordingly, the Court dismissed the Petition and transferred the case to Fast Track Special Court.

Cause Title: XXX v State Of Kerala

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