In a recent ruling, the Kerala High Court has refused anticipatory bail to a mother accused of allegedly enabling the rape of her minor daughter by her stepfather. Justice P Gopinath presiding over the case noted the gravity of the allegations against the petitioner-mother and the potential implications for motherhood if proven true.
The Public Prosecutor raised concerns that granting bail to the petitioner might lead to the minor survivor being influenced or intimidated into providing favorable evidence for the accused.
Justice Gopinath emphasized, ‘I am of the view that the petitioner is clearly not entitled to anticipatory bail. The allegations against the petitioner are very serious, and if true, they are an insult to motherhood.’
According to the prosecution’s case, between 2018 and 2023, the stepfather engaged in explicit conversations with the minor girl with the petitioner’s consent. It was further alleged that the mother compelled the minor survivor to send explicit images to the stepfather via a mobile phone.
Additionally, the stepfather was accused of committing penetrative sexual assault and rape on the minor survivor in a rented house. The prosecution contended that the mother was also involved in arranging the rape at Hotel Casteilo in Coimbatore.
The petitioner-mother faced charges under Sections 376(2)(n), 376(3) (rape) of the Indian Penal Code, various provisions of the Protection of Children from Sexual Offences Act (POCSO Act), and Section 75 of the Juvenile Justice Act.
Justice Gopinath highlighted the risk that if granted bail, the petitioner, being the biological mother of the minor victim, could influence or intimidate the survivor, echoing the concerns expressed by the Public Prosecutor.
Given the prosecution’s claims of the minor-survivor being subjected to rape in the presence of the petitioner, Justice Gopinath dismissed the bail application.
The petitioner-mother was represented by advocates TK Sandeep, Veena Harikumar, and Swetha R, while Public Prosecutor Noushad KA represented the State.
