The Kerala High Court rejected the anticipatory bail of a lawyer accused of sexually assaulting a minor after giving her alcohol. The judge expressed strong disapproval of such actions by a member of the legal profession.
Thank you for reading this post, don't forget to subscribe!
The Kerala High Court said “NO” to the anticipatory bail request of a 58-year-old lawyer, whose name is Noushad.
He is accused of sexually assaulting with a young girl after making her drink alcohol.
One judge, Justice P.V. Kunhikrishnan, said,
“The allegation is that the petitioner, who is a lawyer gave alcohol to the victim and thereafter, committed penetrative sexual intercourse with a minor girl. If the facts are correct, it is a shame to the profession. Such a person is not entitled to any discretionary relief from this Court.”
This means the judge felt very bad about a lawyer doing such a thing and thought he should not get any special help from the court.
ALSO READ: Pune Rape Case || Accused Datta Gade’s Lawyer Kidnapped & Assaulted
The police said that this lawyer invited a 15-year-old girl (who was in 9th class at that time) and her aunt to a hotel room in a place called Kozhenchery in 2022. There, he supposedly forced the girl to drink alcohol and then did bad things to her. The girl also said that this misbehavior continued for some time, and her aunt knew about it.
The lawyer has been charged under several laws, like Section 376(2)(j) (for raping a woman who cannot say no), 376(2)(n) (for raping the same woman again and again), 376(3) (for raping a girl under 16 years), 377 (for unnatural acts), 506 (for threatening) of the Indian Penal Code (IPC). He is also charged under Sections 75 (being cruel to a child) & 77 (giving alcohol to a child) of the Juvenile Justice (Care and Protection of Children) Act, 2015, and Sections 4(2), 3(a)(b) (forcing sex), 6, 5(l)(p)(i) (very bad forced sex), 7, 8 (sexual misbehavior), 9(l)(p), 10 (very bad sexual misbehavior), 11(v), 12 (teasing sexually), 16, 17 (helping in a crime) of the Protection of Children from Sexual Offences (POCSO) Act, 2012.
The lawyer said he did not do anything and that this case was made up to spoil his name. He also said that the girl and her family have made similar complaints before to get money. The lawyer even mentioned a previous court decision where he was found not guilty in a case where the same girl was involved, saying that this time also, the court should give him advance bail.
But the government lawyer said that there is strong evidence against the accused and if he is let out on bail, it could be dangerous for the girl.
ALSO READ: Pune Bus Rape Case || ‘Physical Relationship Was Consensual’: Accused’s Lawyer Wajid Khan
After looking at the police records and reports from advocate Parvathi A Menon, who works with the Victim Rights Centre (VRC) of KeLSA, the court felt that there is a good reason to believe the accused did commit the crime. The court also said that the lawyer cannot get advance bail because of a new law, Section 482(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, as the girl who was harmed is a minor.
The court also said,
“If the facts narrated by the prosecution and the victim are correct, it is unfortunate because the petitioner is from a noble profession. After going through the statement of the victim (if it is correct), a human being cannot complete reading it without tears in their eyes because the allegation is that the petitioner abused a minor girl, without her consent.”
This shows the court was very concerned about the seriousness of the allegations, especially because the accused is a lawyer.
The court also noted that the girl is now focusing on her studies and wants to become a Forensic Surgeon. “The entire society is with her, fingers crossed, to achieve her dream,” the court said while rejecting the lawyer’s request for bail.
CASE TITLE:
Noushad v State of Kerala
[BAIL APPL. NO. 1777 OF 2025]
APPEARANCE:
Senior Advocate P Vijayabhanu, and Advocates S. Rajeev, V. V. Vinay, M. S. Aneer, Sarath K. P., Anilkumar C. R., and K. S. Kiran Krishnan for the accused,
and Senior Public Prosecutor K. A. Noushad for the government.
Would You Like Assistance In Drafting A Legal Notice Or Complaint?
CLICK HERE
Click Here to Read Our Reports on Justice Yashwant Varma
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
