Kerala High Court grants anticipatory bail to advocate BA Aloor in POCSO case

The Kerala High Court recently granted anticipatory bail to advocate BA Aloor in a case registered against him alleging that he had sexually assaulted a minor girl [Biju Antony Aloor @ BA Aloor v. State of Kerala].Justice A Badharudeen opined that even though the offences alleged are prima facie made out in the child's statement, Aloor can be granted anticipatory bail subject to conditions.As part of the conditions for anticipatory bail, Aloor has to appear before the investigating officer on specific dates for recording his statement and conducting his potency test to facilitate effective investigationIn the event of his arrest, Aloor is to be released on bail on executing bond for ₹30,000 and two solvent sureties for the like sum..The petition moved by Aloor contended that the minor child's mother had previously filed a police complaint against him alleging that he had intimidated and physically pushed her out of his office.This was alleged to have happened in February this year when she, along with her minor daughter had approached him in his office to discuss about availing a loan. On February 29 this year, the High Court granted him anticipatory bail in the matter.Subsequently, the present complaint was filed alleging that Aloor had sexually assaulted the minor child in February of last year.Aloor was accused of having committed offences punishable under the Indian Penal Code (IPC) as well as the provisions of the Protection of Children from Sexual Offences Act (POCSO Act). .The child's mother explained that the new case was registered when the Police officers who were speaking to her in connection with the first case, noticed that something was off with the child's behaviour. The police subsequently referred her to the Child Welfare Committee, the mother said. .The Court noted from the first information statement of the child that she had spoken about some sort of sexual assault by Aloor on an unspecified date. This, along with the delay and non-disclosure of the first FIR were mitigating factors, the Court said and proceeded to grant anticipatory bail to the advocate."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. .Aloor was represented by advocates Udayabhanu, Navaneeth N Nath, Rassal Janardhanan A, Abhishek M Kunnathu, Boban Palat, PU Pratheesh Kumar, PR Ajay and KU Swapnil.The minor child was represented by advocates B Pramod, Biju Vigneswar, and Athul MV. Senior Public Prosecutory Renjith George appeared for the State. .[Read Order]