Kerala High Court declines bail to mother for facilitating rape of minor daughter by step father [Read Order]

The Kerala High Court has rejected a plea for bail to a woman who was alleged to have forced her minor daughter to be sexually exploited by the child's step father, observing the allegations, if true, are an insult to motherhood.

Justice P Gopinath considered the statement of the victim as well as apprehension of the prosecutor to deny bail to the petitioner.

The court noted the victim recorded her statement that she was subjected to rape even in the presence of the petitioner.

"This is another reason which compels me to hold that the petitioner is not entitled to bail," the court said.

The prosecutor opposed the bail plea as the petitioner being the biological mother of the minor victim may be in a position to influence or intimidate the victim if she is granted bail.

"The allegations against the petitioner are very serious and if true they are an insult to motherhood," the bench said.

During the period from 2018 to 2023, it was alleged the step father of the minor victim girl, with the knowledge and consent of her biological mother had indulged in talks having sexual flavours. The minor victim was allegedly forced to send her nude pictures to the mobile phone of her step father.

In the month of October 2018, the first accused allegedly committed penetrative sexual assault and rape on the minor victim and thereafter continued such activity at a rented house at Koppam.

It was also alleged that the minor victim was also subjected to rape at Hotel Casteilo at Coimbatore with the consent and connivance of the mother.

The petitioner submitted that she has been in custody from March 2023. Even if the allegations against the first accused are taken to be true, there is no material whatsoever to suggest that she had any role in the matter.

She also said considering the fact that she has another child (a son) to look after, petitioner may be directed to be released on bail. She also said since the investigation has been completed and a final report has been filed, further detention of the petitioner is not necessary for the purpose of any investigation.

The petitioner was named as second accused in the FIR registered with Koppam Police Station of Palakkad District, alleging commission of offences punishable under Sections 376 (2) (n), 376 (3) of the Indian Penal Code and Section 4 read with 3 (a), 6 read with 5 (l) (m) and (p), 11 (i) (ii) & (iv) read with 12 and 16 read with 17 of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act) and Section 75 of the Juvenile Justice Act.

[Read Order]