Prima Facie No 'Control' Of Grandfather On Child Living Away; S.75 JJ Act Not Attracted: Kerala High Court Grants Pre-Arrest In Child Abuse Case

The Kerala High Court has granted pre-arrest bail to a man who allegedly abused his minor grandson on the ground that he was not in charge or control of the child so as to attract the offence under Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

Justice MR Anitha while allowing the application, however, imposed stringent conditions on the petitioner.

The petitioner was booked under Sections 294(b) (Obscene acts), 323 (Voluntarily causing hurt), 451 (House-trespass) of IPC and Section 75 of the Juvenile Justice Act for assaulting his daughter (the defacto complainant) and her son aged 2 years.

The petitioner through Advocate S. Nikhil Sankar argued that no offence as alleged transpired and that the whole litigation was to cover-up a family dispute.

On the other hand, Public Prosecutor CN Prabhakaran vehemently objected to the petition.

He produced the Wound Certificate of the minor child and pointed out that it clearly shows the assault at the hands of the petitioner upon the minor child. 

To decide the matter, the Court recalled the provisions of Section 75 of the Juvenile Justice (Care and Protection of Children) which prescribes punishment for cruelty to a child. It reads:

"Whoever, having the actual charge of, or control over, a child, assaults, abandons, abuses, exposes or wilfully neglects the child or causes or procures the child to be assaulted, abandoned, abused, exposed or neglected in a manner likely to cause such child unnecessary mental or physical suffering, shall be punishable with imprisonment for a term which may extend to three years or with fine or one lakh rupees or with both"

Upon perusal of the materials on record, the Bench noted that the petitioner lived away from his daughter and grandson in a rented house. Therefore, the Court remarked:

"Prima facie, it is doubtful whether petitioner is in charge or control of the minor child so as to attract the offence under Section 75 of the JJ Act which is the only non-bailable offence alleged against the petitioner." 

It added,

"Petitioner is the father of the defacto complainant and grandfather of the victim boy. So in view of the facts and circumstances, I am of the view that pre-arrest bail can be granted to the petitioner on stringent conditions."

The matter was disposed of accordingly.

Click Here To Read The Order