Age Relevant As Possibility of Genuine Fatherly Affection Can’t Be Ruled Out: Kerala HC Grants Bail To 77-Year-Old For Allegedly Kissing & Touching Minor

A bench of Justice Ziyad Rahman A.A. thus observed, “…on going through the contents of the statement, there is some doubt as to whether the said acts were committed by the petitioner with any sexual intention or not. While considering this question, the fact that, the petitioner is a person aged 77 years, is very much relevant, as a possibility of a genuine fatherly affection cannot be ruled out. Anyhow, it is a matter to be investigated and proved, I am not intend to adjudicate on the said question. However, since there is some shadow doubt as to the intention of the petitioner, I am of the view that, a lenient view is required to be taken in this matter”.

While granting bail, the bench further noted that the petitioner is a septuagenarian, therefore the chances were nil of him absconding in such circumstances.

Advocate S. Nikhil Sankar appeared for the petitioner, Senior Public Prosecutor Seetha appeared for the respondent.

In the present matter, an application was filed under Section 439 of the Code of Criminal Procedure to seek a regular bail.

As per the averments made, the petitioner had asked the victim for a kiss and accordingly, the victim kissed him also and it was further alleged that he touched her as well.

Therefore, the petitioner was accused for the offenses punishable under Sections 354, 354A(1)(ii) of the Indian Penal Code and Sections 8 read with Section 7, 10 read with Section 9(m), 9(n) of the POCSO Act.

The petitioner was arrested in connection with the same offence on July 29, 2023, and since then, he has been under judicial detention.

Accordingly, considering that the further incarceration of the petitioner is ‘absolutely not necessary’, the petitioner was released on bail subject to appropriate conditions.

Cause Title: Rajayyan v. State Of Kerala [Neutral Citation Number: 2023:KER:51767]