The Kerala High Court Today (April 8th) approved anticipatory bail for advocate BA Aloor in a case where he was accused of sexually assaulting a minor girl.
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Kochi: The Kerala High Court today made a notable decision by granting anticipatory bail to advocate BA Aloor, who faces allegations of sexually assaulting a minor girl. This decision, rendered by Justice A Badharudeen, comes despite the prima facie establishment of offenses based on the child’s statement. The judgment highlights a nuanced approach to the matter, imposing specific conditions on Aloor’s bail to ensure an ongoing and effective investigation.
Under the terms of his anticipatory bail, Aloor is required to present himself to the investigating officer on designated dates for the purpose of recording his statement and undergoing a potency test. These steps are deemed essential for the advancement of the investigation. Should Aloor be arrested, he will be released on bail upon furnishing a bond of Rs 30,000, along with two solvent sureties for an equivalent amount.
The background to this case includes a complaint filed by the minor child’s mother against Aloor, accusing him of intimidation and physical ejection from his office during a visit in February, wherein they sought to discuss a loan. This incident led to Aloor being granted anticipatory bail for the initial complaint on February 29.
The subsequent complaint, leading to the current anticipatory bail decision, alleges that Aloor sexually assaulted the minor girl in February of the previous year. The charges against Aloor span violations under both the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences Act (POCSO Act).
The decision to register the new case arose during police interactions with the child’s mother concerning the initial complaint, prompted by noticeable disturbances in the child’s behavior. The police’s observation led to a referral to the Child Welfare Committee, as per the mother’s account.
Justice Badharudeen’s ruling reflects consideration of several factors, including the delay in lodging the complaint and the absence of disclosure during the filing of the first FIR. These elements were deemed mitigating in the context of the prosecution’s case. However, the Court abstained from commenting on the case’s merits, deferring to the investigative process to ascertain the truth.
“Even though as per the First Information Statement, the offences are made out prima facie, the long delay in lodging complaint and not disclosing any such instance at the time when the earlier crime in FIR No.345/2024 was registered are mitigating factors in this prosecution case.However, I am not inclined to comment on the merits of the case, and I leave the same to the domain of the Investigating Officer, for effective investigation, as per law,”
-the order stated.
This case underscores the complexities involved in legal proceedings related to allegations of sexual assault, especially when minors are involved, and the judicial system’s efforts to balance the rights of the accused with the necessity of a thorough investigation.
CASE TITLE:
Biju Antony Aloor v. State of Kerala
Click Here to Read Previous Reports on Advocate BA Aloor
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