Despite Serious Allegations, Court Cites Completion of Investigation and Lack of Continued Detention Need
In a significant ruling, the Kerala High Court has granted bail to Abdul Maliq, who was accused of committing sexual offences against a minor, under stringent conditions. The decision was made by Justice Dr. Kauser Edappagath in response to Bail Application No. 554 of 2026, amidst allegations involving serious violations under the Bharatiya Nyaya Sanhita, 2023, and the Protection of Children from Sexual Offences (POCSO) Act, 2012.
The prosecution alleged that Maliq trespassed into the property of a minor in Nilambur and committed multiple acts of sexual assault, including penetrative acts, both in a vehicle and at his shop. Despite the gravity of these charges, the court found that the investigation was nearing completion, and the necessity for continued detention was not sufficiently demonstrated.
Maliq's legal representation argued his innocence, claiming a lack of evidence connecting him to the alleged crimes. The defence also highlighted a romantic relationship between the accused and the victim, suggesting consensual interactions, which was met with opposition from the prosecution, who insisted on the criminal intent behind the acts.
The court, after reviewing the case diary and hearing both parties, decided to grant bail, emphasizing the lack of necessity for further detention. However, the bail comes with strict conditions to ensure the accused's cooperation with ongoing investigations and to prevent any tampering with evidence or influencing of witnesses.
Conditions of the bail include the execution of a bond worth Rs. 1,00,000 with two solvent sureties, mandatory weekly appearances before the investigating officer, and restrictions on contacting prosecution witnesses or leaving the state without court permission.
The court's decision highlights the balance between ensuring justice and upholding individual rights, amidst the evolving landscape of Indian criminal jurisprudence.
Bottom Line:
Regular bail granted under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, despite allegations under Bharatiya Nyaya Sanhita, 2023, and POCSO Act, considering the investigation nearing completion and absence of necessity for continued detention.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Bharatiya Nyaya Sanhita, 2023 Sections 332(c), 64(1), 64(2)(m), 65(1), Protection of Children from Sexual Offences Act, 2012 Sections 3(a), 4(2), 5(l), 6, 7, 8, 9(l), 10
Abdul Maliq v. State of Kerala, (Kerala) : Law Finder Doc id # 2857152
