Victim Relies On Him For Livelihood: Kerala HC Grants Bail To Step-Grandfather In POCSO Case
The Kerala High Court observed, “Sympathy is not necessary towards minor rape victims from society, but society should hold such minor victims close to their hearts.”
The Kerala High Court has granted bail to a step-grandfather accused in a POCSO case stating that the victim is facing trauma as the family relies on him for livelihood.
The Court allowed the Bail Application filed by the step-grandfather of the victim accused under Sections 4, 3(b), 3(d), 8, 7, 10, 9(l), 9(n) and 9(p) of the Protection of Children from Sexual Offences Act, 2012 (POCSO) and Sections 354, 354A(1)(i), 354(B), 376, and 376(2)(f) of the IPC.
A Single Bench of Justice PV Kunhikrishnan held that “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. It is clearly mentioned in the report. Considering the facts and circumstances of this case, I think the petitioner can be released on bail, after imposing stringent conditions.”
Advocate Mithun P. represented the Petitioner, while Public Prosecutor G. Sudheer appeared for the Respondent.
Brief Facts
The accused was arrested after the victim, a 17-year-old minor, alleged that she had faced sexual abuse at his hands since 2019. The victim’s mother had passed away, and her father had abandoned her during childhood. She was residing with the accused and her grandmother when the alleged incidents occurred.
According to the victim, the abuse began when she was in the 6th standard and continued over the years. She stated that the accused threatened to harm her grandmother if she disclosed the incidents.
Court’s Reasoning
The Court noted that the victim remained dependent on the petitioner and her grandmother for survival, and her statement indicated trauma due to the petitioner’s custody.
The Court sought an independent assessment and appointed Advocate Parvathy Menon, Project Coordinator of the Victim Rights Centre (VRC), to communicate with the victim. The final report by the VRC stated that the victim affirmed the affidavit filed by her grandmother but highlighted the distressing family environment. It was also observed that the grandmother’s approach was transactional and materialistic, further complicating the victim’s situation.
“I think the petitioner can be released on bail, after imposing stringent conditions. This order is passed to see that, there is no further mental stress to the victim child. But, as suggested by Adv. Parvathy Menon A, the Child Welfare Centre, Thiruvananthapuram should appoint a support person for the victim as per Rule 4(8) of the Protection of Children from Sexual Offences (POCSO) Rules, 2020 r/w Sec.39 of the Protection of Children from Sexual Offences (POCSO) Act, 2012,” the Bench remarked.
Consequently, the Court granted bail and directed, “If any further abuse or harassment occurs from the petitioner or her grandmother towards the victim, the authority concerned will take appropriate steps, in accordance with law. The investigating officer will also forward a copy of this order to the school authorities, where the victim is studying. School authorities will see that the victim is happy and is pursuing her studies without any mental stress from any corner.”
Accordingly, the High Court allowed the Bail Application.
Cause Title: Abdul Samad v. State of Kerala (Neutral Citation: 2025:KER:11544)
Appearance:
Petitioner: Advocates Mithun P. and Merin Thomas
Respondent: Public Prosecutor G.Sudheer
