ORDER :

Does sub-section (4) of Section 438 of the Code of Criminal Procedure create an absolute bar in granting pre-arrest bail to an accused involved in the offence of rape of a minor girl? – This is the important question that arises for consideration in these bail applications.

2. The applicants in both cases who allegedly committed the offence, among other things, punishable under Section 376AB of the Indian Penal Code (for short, IPC) invoked the jurisdiction of this Court under Section 438 of the Code of Criminal Procedure (for short, Cr.P.C) seeking pre-arrest bail.

3. The facts in both cases are almost identical. The applicants are alleged to have committed penetrative sexual assault on their own minor daughters. The crimes were registered pursuant to the complaint of the mother of the victims. The applicants totally deny the allegations. They contend that a false case has been foisted against them at the behest of their wives to deny the custody of the minor victim, which they are fighting at the Family Court.

4. I have heard the learned counsel for the applicant in BA No.144/2023 -Sri.B. Raman Pillai and Sri.S.Rajeev, the learned counsel for the applicant in BA No.2157/2023