'Mother Put In The Dock With Very Wild And Ferocious Allegations': Kerala High Court Grants Bail To Woman Accused Of Sexually Abusing Son

The Kerala High Court has granted bail to a woman accused sexually abusing her minor son (Kadakkavoor POCSO case).

Justice V. Shircy observed that this case is quite a strange, shocking and an unusual one where a mother is put in the dock with very wild and ferocious allegations.

"Doubtless that the sanctity of Motherhood was totally ignored in this case. A mother carries her child for nine lunar months in her womb and so the relationship of a mother and child are connected even before his/her birth. The unconditional love, affection and warmth of a mother towards her child cannot be compared or equated with any love in the world. No mother "worthy of the name will resort to such a disgraceful act.", the judge observed.

The court also has directed the police to probe whether the child involved in the case was brainwashed or tutored by anyone to make such wild allegations against his mother. The judge also directed police to find out convincing answers about the following aspects:

1. The reason for the delay in lodging the complaint against the petitioner though the child came to Kerala along with his father the month of September, 2020.
2. Whether the victim was given any kind of counseling after his return to Kerala and before lodging the complaint to the Police, Kadakkavoor and if so, the details of the same
3. Whether any action was taken by the Dy.S.P., Attingal in the complaint lodged by the petitioner against her husband, on 8.10.2019.
4. Whether the husband of the petitioner had appeared before the Family Court to contest the cases filed against him by the petitioner and whether the registration of this crime is to defeat the legitimate claim of the petitioner for maintenance as well for custody of her minor children, especially when the martial relationship of the husband and wife has strained and they are at loggerheads.
5. The investigating agency has to verify whether the children removed from the custody of the petitioner and shifted to Sharjah are allowed to continue their formal education in regular schools. The investigating agency has also to verify whether the children of the Lady who accompanied the husband of the petitioner are admitted in a regular school to continue with their formal education.
6. The investigating agency has to verify whether the petitioner had consulted any Doctor for allergy or for for any other diseases, Whether Methylprednisolone tablet was prescribed by any Doctor.
7. The investigating agency has to verify whether records are available with CWC to show that counseling was imparted to the child during his stay in the Home attached to CWC apart from the two days mentioned in the report attached along with FR.
8. Since the gravity of the offences Alleged against this petitioner are grave and serious in nature and quite unheard of, the State Police Chief is directed to constitute special team headed by an IPS officer , preferably a lady, to delve deep into the allegations and proceed with the investigation and complete it at the earliest.
9. The investigating agency is also  directed to conduct a medical test of the child Including Emotional Quotient and Intelligence Quotient , by constituting a Medical Board in consultation with the Superintendent of Medical college Thiruvanthapuram The Board shall consist of experienced doctors including Pediatrician, Psychologist (hawing experience child psychology), Psychiatrist, neurologist. One member shall be a lady doctor.
10. The victim shall be removed from the custody of his father to a home under the CWC tor his safe accommodation, care and protection

To grant bail, the bench observed that further detention of the accused in judicial custody is not required with the investigation. Some conditions have also been imposed.

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