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

The victim's mother died from cancer 8 years ago. Her father had abandoned her in her childhood hence, she was residing with her grandmother and step-grandfather.

The accused was booked under Sections 4 r/w 3(b), 3(d) (Penetrative sexual assault), 7 (sexual assault), 10 r/w 9(l),(n),(p) (Aggravated Sexual Assault) of Protection of Children from Sexual Offences Act (PoCSO Act), Section 354 (Assault or criminal force to women with the intent to outrage her modesty), 354A(1)(i) (Sexual Harassment), 354B (assault or criminal force to women with intention to disrobe), 376, 376(2)(f) (rape) of Indian Penal Code.

As per the victim, she was sexually abused by the accused as early as when she was in 6^th standard. The victim said that in the early days, she did not know the grievousness of the petitioner's act. Later when she started resisting, the accused threatened to kill her grandmother if she disclosed the incident to anyone else.

When the matter came to light and the grandfather was apprehended, he approached the High Court for bail. The grandmother of the victim filed an affidavit before the Court saying that her granddaughter gave the statement based on a misunderstanding and minor girl was not interested in the company of the accused.

The Court asked Advocate Parvathy Menon A., Project Co-ordinator of Victims Rights Centre (VRC), an aegis of Kerala Legal Service Authority to communicate with the victim.

As per the report, Menon, District Co-ordinator of the VRC along with a counsellor interacted with the victim who affirmed the affidavit filed by her grandmother.

The counsellor and District Co-ordinator of VRC opined that the victim will likely disown the statement given to the police even if she is subjected to back-to back counselling sessions within the timeframe granted by the Court, since it is her grandfather who is behind the bars. Adv. Parvathy suggested the Court to give the girl victim compensation, appoint a support person for her and to give her regular counselling sessions.

Considering the extraordinary situation, Justice P. V. Kunhikrishnan granted bail to the accused.

“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.”

Accepting the recommendation of Project coordinator of VRC, the Court directed the Child Welfare Centre to appoint a support person for the victim as per Rule 4(8) of POCSO Rules, 2020. Further, directions were given to the Prosecutor to take necessary steps to ensure that the minor girl gets victim compensation.

Counsel for the Petitioners: Advocates Mithun P., Merin Thomas

Counsel for the Respondents: Adv G. Sudheer (PP)

Case No: BA 496 of 2025

Case Title: AS v State of Kerala

Citation: 2025 LiveLaw (Ker) 104

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