“Insult To Motherhood”: Kerala High Court Denied Anticipatory Bail To Mother of Minor For Facilitating Rape By Stepfather.

Justice Gopinath P. observed that the allegations against the mother, if proved true, were an insult to the motherhood. The Court also noted that since biological mother was arrayed as an accused, she might be in a position to influence or intimidate the minor child to give evidence in favor of the accused persons.

“I am of the view that the petitioner is clearly not entitled to anticipatory bail. The allegation against the petitioner are very serious and if true they are an insult to motherhood. The apprehension expressed by the learned Public Prosecutor appears to be real. 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. 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 mother is arrayed as second accused for offences under Sections 376 (2) (n) (commits rape repeatedly on the same woman), 376 (3) (rape on a woman under sixteen years of age) of the Indian Penal Code and under the provisions of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act) and Section 75 (punishment for cruelty to child) of the Juvenile Justice Act. The step father is arrayed as first accused.

The Counsel for the mother, Advocates T.K. Sandeep, Veena Harikumar and Swetha R submitted that there was no evidence to prove her role in the commission of the offence. It was submitted that she may be released on bail as she has another son also. It was also submitted that final report was filed, and investigation was completed.

The above contentions were opposed by Senior Public Prosecutor Noushad K A who submitted that there were clear allegations against the mother that proves her involvement in the crime. It was also submitted that she being the biological mother might threaten or influence the minor child to change her statements.

The court found that as per the prosecution allegations, the minor victim was subjected to rape and sexual assault by her stepfather with the aid of the biological mother. It was alleged that the mother had also compelled the minor daughter to sent her nude pictures to the stepfather.

“It is alleged that in the month of October 2018 the 1st accused committed penetrative sexual assault and rape on the minor victim and thereafter continued such activity at a rented house at Koppam. It is also alleged that the minor victim was also subjected to rape at Hotel Casteilo at Coimbatore with the consent and connivance of the 2nd accused.”

Based on the above observations, the Court noted that this was a fit case for custodial trial and bail was accordingly denied.

Citation: 2023 LiveLaw (Ker) 551

Case title: XXX v State of Kerala

Case number: BAIL APPL. No. 7060 of 2023

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