LI Network
Published on: December 21, 2023 at 16:15 IST
The Kerala High Court has granted bail to a man accused of sexually abusing his minor daughter, acknowledging the possibility that the allegations against him may be false.
The High Court addressed a bail application filed by the accused father, who faced charges 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 took note of the argument presented, suggesting that the allegations surfaced after the accused and his wife objected to their daughter’s interest in the Korean pop band BTS, deeming it “Un-Islamic.”
Justice Gopinath P., presiding over a single bench, stated, “It is no doubt true that the allegations are serious. However, certain circumstances mentioned above, lead me to conclude that there is a possibility that the allegations may be false.”
The allegations against the accused included instances of sexual abuse of his 14-year-old daughter from June 2020.
The defense argued that the accusations were fabricated due to the accused’s objection to his daughter’s interest in BTS, which the family deemed “Un-Islamic.”
The defense also asserted that the victim had started following BTS at the instigation of her aunt and in reaction to not being permitted to go on a school trip to Wayanad.
The Court recognized that, while it was not appropriate to make conclusions, the circumstances could be considered in the context of the bail application. Considering that the investigation was complete and the final report filed, the Court deemed the continued detention of the petitioner unnecessary for further investigation.
Addressing concerns about potential influence on the victim, who is the daughter of the accused, the Court noted that the minor’s custody was with her aunt, as per Family Court orders.
Therefore, the Court imposed necessary conditions to prevent contact between the petitioner and the victim, granting bail subject to conditions.
The High Court directed the petitioner to execute a bond of Rs. 50,000.
The case is titled “XXX v. State of Kerala & Anr”.