The Kerala High Court has refused to grant anticipatory bail to a lawyer accused of raping a minor girl, highlighting the serious nature of the allegations against him.

The petitioner, who allegedly committed sexual offenses against a 9th-grade student, faces multiple charges, including sections of the Indian Penal Code (IPC), the Juvenile Justice (Care and Protection of Children) Act, and the Protection of Children from Sexual Offences (POCSO) Act.

The Single Bench of Justice P. V. Kunhikrishnan emphasized that a prima facie case had been established, noting the applicability of Section 482(4) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

This section bars anticipatory bail for individuals charged under specific provisions relating to the rape of minors, particularly those under age 12 and cases of gang rape.

The allegations detail how the petitioner, a friend of the victim’s aunt, allegedly compelled the minor to consume alcohol in a hotel and subsequently raped her. It is further alleged that he maintained inappropriate videos and photos of the victim, which contributed to ongoing abuse. The victim eventually disclosed the incidents to her aunt, indicating that the abuse occurred repeatedly and with the aunt's knowledge.

During the proceedings, Senior Advocate P. Vijayabhanu, appearing for the petitioner, argued that the accusations were fabricated and pointed to an earlier case where the victim had allegedly made false claims against another individual, leading to an acquittal. The defense contended that the denial of bail would severely impact the lawyer's professional reputation, having practiced in the High Court for several years.

On the other hand, the Senior Public Prosecutor K. A. Noushad underscored the severity of the charges, asserting that the petitioner acted as a mediator in the prior case and posed a threat to the victim's safety if released on bail. The prosecutor referenced the bar under Section 482(4) of the BNSS, which disallows bail in cases involving rape against minors.

The Court referenced reports from the Victim Rights Centre and insights from counseling sessions. The Single Judge expressed concern regarding the victim's background, emphasizing the difficulties she faced in resisting advances from the petitioner due to her dependency on her aunt, who allegedly leads a hypersexual lifestyle.

The Court found no evidence that the victim had been coerced into making any false statements or had received compensation.

Conclusively, the Court stated, “I am of the considered opinion that a prima facie case is made out against the petitioner, and it can be stated that it has progressed beyond the stage of prima facie.”

The Court noted that, while the petitioner is a member of the legal profession, the nature of the accusations is severe, emphasizing that "if the facts narrated by the prosecution and the victim are correct, it is unfortunate because the petitioner is from a noble profession."

"After going through the statement of the victim (if it is correct), a human being cannot complete reading it without tears in their eyes because the allegation is that the petitioner abused a minor girl without her consent. The allegation is that the petitioner, who is a lawyer, gave alcohol to the victim and thereafter committed penetrative sexual intercourse with a minor girl. If the facts are correct, it is a shame to the profession," the Bench remarked.

Consequently, the anticipatory bail application was dismissed, reinforcing the judicial system's stance against crimes involving sexual violence against minors.

Cause Title: Noushad v. State of Kerala [Neutral Citation No. 2025:KER:24151]

Appearance:-

Petiitoner: Senior Advocate P Vijayabhanu, Advocates S.Rajeev, V.Vinay, M.S.Aneer, Sarath K.P., Anilkumar C.R. K.S.Kiran Krishnan

Respondent: Senior Public Prosecutor (SPP) K A Noushad, Advocate Parvathi A Menon

Click here to read/download the Order



Justice PV KunhikrishnanKerala High CourtPOCSO ActJuvenile Justice (Care and Protection of the Children) Act 2015

Sukriti Mishra

    Sukriti Mishra was a Legal Correspondent at Verdictum. She covered the Supreme Court. She completed her graduation with BA. LL.B (Hons.) from The ICFAI University, Dehradun. Sukriti started covering courts in March 2022. She had previously worked with another legal news portal, where she covered the Delhi High Court and Trial Courts.