Kerala HC denied bail under pocso

Kerala HC denied bail application to an Accused who offered money and lured a 13-year-old boy to engage in indecent act


Recently, on 5th January 2024, the Kerala High Court considered an application for regular bail filed by the accused under Section 439 of the Criminal Procedure Code for a case registered under Sections 12, 11(iv), 18, 6, 5b(iv) of the Protection of Children from Sexual Offences Act, 2012.

Contention of Prosecution:

As per the prosecution, the accused who is a soldier lured a 13-year-old boy by offering cash and persuaded him to engage in sexual intercourse with him. The Counsel for the Union Territory of Lakshwadeep opined that the release of the accused on bail would affect the security of the victim boy since the case was still under investigation.

Contention of the Accused:

In his defense, the counsel for the Petitioner submitted that the entire case was false and fabricated, filed due to some disputes between families.

Observation of the Court:

The Court considered the profession of the Petitioner while deciding the bail application and observed that as a soldier, the allegations filed against him had to be scrutinized strictly. The Court observed that-

“Being a Soldier, the allegation against the petitioner has to be viewed more seriously. He is supposed to guard the nation, and the dignity and integrity of its citizens. The allegations if it is proved true, it is vulgar and unbecoming of a responsible Military Officer.”

Decision of the Court:

Based on the factual matrix, the Court was not in favor of releasing the Petitioner and dismissed the bail application.

-By Adv. Tusharika Vig (She/Her) Legal Associate

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