Gokul P Ayyappan @ Unni vs State Of Kerala

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.255/2026 of Valiyamala Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 4(1) r/w 3(a), 6 r/w 5(l), (m),(n) and 8 r/w 7 of the Protection of Children from Sexual Offences Act, 2012 and Sections 75(i), 64(1), 64(2)(m), and 126(2) of the Bharatiya Nyaya Sanhita, 2023.

The victim is a minor girl aged 10 years, studying in 7^th standard. The prosecution case, in short, is that the applicant is the maternal uncle of the victim. It is alleged that on 29.11.2023, when the victim's father had come home on leave, the applicant accompanied him to the house. On that day, as the victim's brother had fallen ill, her parents took him to the hospital, leaving the victim alone in the house. Taking advantage of the situation, the applicant closed the room, made the victim sit on the cot, kissed her on the lips, and groped her breasts. Further, he forcibly removed her clothes, licked her private parts, and committed penetrative sexual assault by inserting his penis into her vagina. Thereafter, on several subsequent occasions, the applicant repeatedly subjected the victim to similar acts of sexual assault. The prosecution further alleges that the last such incident occurred in July 2024. The applicant thereby committed the offences.

I have heard Sri.Geo Paul, 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 04.06.2026. 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 in the FI Statement. The applicant who is the uncle of the minor victim had repeatedly sexually assaulted the victim. 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.