The Kerala High Court has set aside an order of the Additional Sessions Court-I, Kollam, granting anticipatory bail to an accused in a case registered under the Protection of Children from the Sexual Offences (POCSO) Act.
The accused, Badarudeen E. of Kadakkal, was granted anticipatory bail on the ground that there was substantial delay in the registration of the complaint.
Justice Gopinath P. while setting aside the Sessions Court’s order observed that the finding of the court that there was considerable delay in registering a complaint by the victim was on account of some typographical error. The court added that it was noted that the alleged offence was committed in the month of May 2022, while it actually occurred in May 2023. The Sessions Court’s order showed that the only reason which compelled it to grant anticipatory bail to the accused was the considerable delay in lodging the complaint.
The court while cancelling the bail also directed the lower court to reconsider the anticipatory bail application filed by the accused. The court passed the order on a petition filed by the victim challenging the lower court’s order.
