Kerala High Court Grants Bail To Man Booked For Sexually Abusing Granddaughter, Notes His Custody Was Causing Further Trauma To Victim

Post By 24law
February 13, 2025

Pranav B Prem

The Kerala High Court recently granted bail to a man accused under the Protection of Children from Sexual Offences Act (POCSO) for allegedly sexually abusing his step-granddaughter, considering that his prolonged custody was causing trauma to the victim. The order was passed by Justice P.V. Kunhikrishnan in Bail Application No. 496 of 2025.

Case Background

The accused, who was the step-grandfather of the victim, had been in custody following allegations of sexual abuse spanning several years. The victim’s mother had passed away due to cancer eight years ago, and her father had abandoned her during her childhood. Consequently, she was residing with her grandmother and step-grandfather, who were her primary caretakers. As per the allegations, the victim was subjected to sexual abuse by the accused since she was in the 6th standard. Initially unaware of the gravity of his actions, she later resisted, following which the accused allegedly threatened to kill her grandmother if she disclosed the incidents. The accused was booked under Sections 4 r/w 3(b), 3(d), 8 r/w 7, 10 r/w 9(l), 9(n), 9(p) of the POCSO Act, along with Sections 354, 354A(1)(i), 354B, 376, and 376(2)(f) of the Indian Penal Code.

Court Proceedings and Observations

During the hearing, the victim’s grandmother filed an affidavit stating that the victim had given her initial statement due to a misunderstanding and that she had no grievance against the accused. The Public Prosecutor, however, strongly opposed the bail application, citing the seriousness of the charges.

Considering the sensitive nature of the case, the Court directed Advocate Parvathy Menon A., Project Coordinator of the Victim Rights Centre (VRC) under the Kerala Legal Services Authority (KeLSA), to communicate with the victim and assess her situation. Based on this interaction, an interim report was submitted, followed by a final report from the District Coordinator of VRC, Advocate Sandhya J., along with a counsellor.

The final report indicated that the victim affirmed the affidavit filed by her grandmother. It also highlighted the unhealthy and toxic domestic environment created by the grandmother, emphasizing the victim’s vulnerability. The report stated:“The survivor girl is presently likely to disown her statement to the police and maintain her version in the Annexure 5 affidavit, even if she is subjected to back-to-back counseling sessions within the short timeframe granted by this Honourable Court.” The report further recommended appointing a support person for the victim as per Rule 4(8) of the POCSO Rules, 2020, and ensuring that she receives victim compensation.

Court’s Decision and Directions

While granting bail, the Court acknowledged the extraordinary circumstances, stating: “From the above report, it is clear that the grandmother and the victim are relying on the petitioner for their livelihood. The victim is now facing trauma because, in her instance, her grandfather is kept in custody…Considering the facts and circumstances of this case, I think the petitioner can be released on bail, after imposing stringent conditions.”

The Court imposed the following bail conditions:

The accused was granted bail upon executing a bond of Rs. 50,000 with two solvent sureties.
He must appear before the Investigating Officer every Monday at 10:00 AM until the final report is filed.
He must not make any inducement, threat, or promise to anyone related to the case.
The accused is prohibited from leaving India without the jurisdictional court’s permission.
The Prosecutor was directed to take necessary steps to ensure that the minor girl receives victim compensation.
The Child Welfare Centre, Thiruvananthapuram, was instructed to appoint a support person for the victim to ensure her well-being and education.

The Court further emphasized the importance of the victim’s mental well-being, directing that: “The support person should do the needful to see that the victim girl is living happily just like any other citizen of this Country and she is pursuing her studies in school.” Additionally, the authorities were instructed to monitor any further harassment from the accused or the grandmother and take appropriate legal steps if necessary.