Mother's Settlement Cannot Override State's Duty to Prosecute: Kerala HC Denies Bail to Father in Sexual Assault Case

The Kerala High Court has dismissed a bail application filed by a father accused of sexually assaulting his minor daughter, ruling that a parent's settlement with the accused cannot override the state's constitutional duty to prosecute crimes against children.

Judge Kauser Edappagath observed that the allegations—touching the victim's thighs and breasts, and making sexually coloured remarks—were grave and prima facie indicated a premeditated criminal act. The court rejected the mother's statement that she had no objection to the accused's release, noting she had not denied the incident occurred.

The court emphasised its parens patriae duty to protect minor victims' rights and welfare, refusing bail despite the family's apparent settlement. The accused, father of a 17-year-old girl, was charged under the Protection of Children from Sexual Offences Act, 2012.