'Cannot Rule Out Possibility Of Genuine Fatherly Affection': Kerala HC Grants Bail To 77-Year-Old Accused Of Inappropriately Touching, Kissing Girl Child

The Kerala High Court on Friday granted bail to a 77-year-old man alleged to have inappropriately touched a 10 year old girl, and kissed her cheeks. 

The Single Judge Bench of Justice Ziyad Rahman A.A. expressed doubt as to whether the alleged acts had been committed by the petitioner with sexual intention. 

"...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," the Court observed. 

The Court added that since the petitioner was a septuagenarian, there was no chance of him absconding, either. 

It was thus of the considered view that the further incarceration of the 77-year-old was 'absolutely not necessary' in such circumstances, and granted him bail, on executing a bond for Rs. 1,00,000/- (Rupees One Lakh only) with two solvent sureties. 

The petitioner was represented by Advocate S. Nikhil Sankar. Senior Public Prosecutor S. Seetha appeared on behalf of the State. 

Case Title: Rajayyan v. State of Kerala 

Citation: 2023 LiveLaw (Ker) 430 

Case Number: Bail Appl. No. 7198 of 2023 

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