Court Cites Seriousness of Allegations and Prima Facie Evidence Against Accused in Case Involving Minor
In a significant ruling, the Kerala High Court, presided over by Dr. Kauser Edappagath, J., has dismissed the bail application filed by Rajan Babu, also known as Murari Thantri. The accused, an astrologer based in Kollam District, is facing severe charges under multiple sections of the Bharatiya Nyaya Sanhita, 2023, and the Protection of Children from Sexual Offences Act, 2012, concerning an alleged attempted sexual assault on a minor.
The case revolves around an incident dated 8th February 2026, where a 16-year-old female, accompanied by her mother, visited the accused's astrology centre. It is alleged that the accused, under the guise of performing a ritual to remove an evil spirit, attempted a sexual assault on the minor. The prosecution presented prima facie evidence, including medical records and the victim's statement, which the court found credible.
Despite the defense counsel's arguments asserting the accused's innocence and claims of false implication, the court noted the serious and premeditated nature of the allegations. The evidence, which includes medical findings of bite marks on the victim and bloodstained clothing, was deemed substantial enough to warrant the denial of bail.
The court emphasized the gravity of the allegations and the corroborative evidence, leading to the decision to dismiss the bail application, underscoring the seriousness with which allegations of sexual offences against minors are treated under Indian law.
Bottom line:-
Bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 was dismissed on account of seriousness of allegations, prima facie evidence of premeditated criminal act, and medical records corroborating the victim's statement.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Bharatiya Nyaya Sanhita, 2023 Sections 64(1), 74, 75(1)(i), 76, 115(2), 118(1), Protection of Children from Sexual Offences Act, 2012 Sections 3(b), 4(1), 7, 8
Rajan Babu @ Murari Thantri v. State of Kerala, (Kerala) : Law Finder Doc id # 2901026
