The Kerala High Court on Tuesday dismissed the anticipatory bail petition filed by Prasobh M, a Congress councillor from the Palakkad municipality, in a sexual assault case. Justice A Badharudeen, while rejecting the plea, observed that prima facie offenses under the provisions of the Bharatiya Nyaya Sanhita (BNS) and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act were established against the accused based on the allegations in the first information statement and other related statements.
Court's Observations on Applicability of SC/ST Act
The court further observed that the bar under Section 18A of the SC/ST (Prevention of Atrocities) Act would apply in this case, and therefore, anticipatory bail could not be granted. The court noted that arrest, custodial interrogation, medical examination of the accused, and verification of his mobile phone were necessary for an effective investigation and successful prosecution.
Prosecution's Allegations
According to the prosecution, Prasobh was in a relationship with the survivor, who belongs to an SC/ST community. Despite being married, he allegedly engaged in a sexual relationship with her on multiple occasions by promising to secure employment for her. After she became pregnant and the relationship became public, he intimidated and abused her.
The prosecution further alleged that Prasobh had met the de facto complainant at a tea shop run by his grandfather and offered her employment. It was also alleged that, by exploiting his position as a ward councillor and his association with Congress MPs and MLAs, he subjected the complainant to forceful sexual intercourse on the promise of providing employment. Based on a petition submitted by the survivor before the Chief Minister, the Palakkad Town South Police registered a case against the petitioner.
Court's Directions for Investigation
While dismissing the plea, the court also directed the investigating officer to proceed against the accused in accordance with the law to ensure an effective investigation into the case. The court emphasized that the investigation must be conducted without any undue delay and in a manner that upholds the rule of law.
