Not A 'Show Of Affection By An Uncle': Supreme Court Sets Aside Anticipatory Bail Granted By Kerala HC To POCSO Accused
2 years, 4 months ago

Not A 'Show Of Affection By An Uncle': Supreme Court Sets Aside Anticipatory Bail Granted By Kerala HC To POCSO Accused

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The Supreme Court said that it is really disturbed with some observations made by Kerala High Court in an order granting bail to a man accused of sexually assaulting his minor neice.The Apex Court bench was referring to these observations made by the Kerala High Court : "Though on the one side, there is a possibility of such hugs and kisses being manifestations of affection by. The Supreme Court said that it is really disturbed with some observations made by Kerala High Court in an order granting bail to a man accused of sexually assaulting his minor neice. It goes without saying that appearance before the Investigating Officer who, has been prevented from subjecting Respondent No.1 to custodial interrogation, can hardly be fruitful to find out the prima facie substance in the allegations, which are of extreme serious in nature.The fact that the victim – girl is traumatized to such a high degree that her academic pursuits have been adversely impacted alone, coupled with the legislative intent especially reflected through Section 29 of the POCSO Act, are sufficient to dissuade a Court from exercising its discretionary jurisdiction in granting pre­arrest bail. The bench also noted that while dismissing the first anticipatory bail petition, the Special Judge had relied upon the decision of the Kerala High Court in the case of Joy v. State Of Kerala, 1 KLT 935, wherein it was observed that the courts shall take into consideration the presumption under Section 29 of the POCSO Act while dealing with an application for bail filed by a person who is accused of the offence under the Act.

History of this topic

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