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Judgment
This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.
The applicant is the sole accused in Crime No.884/2026 of Valiyathura Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 376, 376(2), 376(2)(f), 376(2)(n), 376AB, 354A(1), 354A(1)(iv) and 354D(1) of the Indian Penal Code, 1860; Sections 64(1), 64(2)(m), 75(1)(i), 75(1)(iv) and 78(1) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4(2) r/w 3(b), 6(1) r/w 5(l), 5(m), 5(n), 10 r/w 9(n) and 12 r/w 11(i) of the Protection of Children from Sexual Offences Act, 2012.
The victim is a minor girl, aged 15 years, studying in 10th standard. The applicant is the father of the victim. The prosecution case, in short, is that one day in August 2021, while the victim was sleeping in a room where the applicant, the victim and her mother were also sleeping, the applicant, with sexual intent, groped her breast over her dress and inserted his finger into her private parts. Thereafter, on several occasions, the applicant committed similar acts upon the victim and also demanded sexual favours from her. It is alleged that such sexual acts continued during the period from 15.08.2021 to 10.07.2026. Due to the sexual acts committed by the applicant, the victim, out of fear, used to hide herself in the bathroom during the night. The applicant thereby committed the aforesaid offences.
I have heard Sri.Sooraj M.Kartha, the learned counsel for the applicant and Sri.Thomas Sabu Vadakekut, the learned Public Prosecutor. Perused the case diary.
The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.
The applicant was remanded to judicial custody on 18.07.2026. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. Specific overt act has been attributed against the applicant. The allegation is very serious in nature. The applicant, who is none other than the father of the victim, repeatedly sexually assaulted her for a period of six years. Considering the nature of the crime, the gravity of the offence, the complicity of the applicant in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage.
The bail application, accordingly, is dismissed.