ORDER :

Ziyad Rahman A.A., J.

The petitioner is the accused in Crime No.123/2023 of Kalady Police Station. The said crime was registered for the offences punishable under Sections 376, 376 (2) (f) and Section 376 AB and also under Sections also Sections 4(2)(d) (b), 6, 5(i), 5(n) and 5 (m) of Protection of Children from Sexual Offences Act.

2. Aforesaid crime was registered on the allegation that the petitioner had committed sexual assault on his daughter, aged 3 years. The crime was 1/2 registered based on the complaint submitted by the mother of the victim, who is the wife of the petitioner. Earlier, the child was subjected to examination by a Clinical Psychologist. Initially, it was reported by the clinical Psychologist that the child was well tutored by her mother and grand parents. Thereafter, to get further clarification in the matter, a Medical Board was constituted by the Chief Medical Officer of General Hospital, Ernakulam. Accordingly, on 29.05.2023, a sitting of the Medical Board was arranged. Even though the mother of the victim was informed by the Board, the child was not produced. Thereafter, on 05.06.2023, the Medical Board further convened a sitting, and the defacto complainant was directed to produce the child before the said Board. However, the defacto complainant informed the authorities concerned that she does not intend to produce the child before the Medical Board. Thereafter, on 12.06.2023, after taking note of these developments, a further order was passed by this court, which reads as follows:

This is an application for anticipatory bail, wherein the offences alleged are under Sections 376, 376(2)(f) and Section 376 AB and also under Sections also Sections 4(2)(d)(b), 6, 5(i), 5(n) and 5 (m) of Protection of Children from Sexual Offences Act. The allegation is that, the petitioner had committed sexual assault on her daughter aged 3 1/2 years. The crime was registered on the basis of the complaint submitted by the mother of the victim, who is the wife of the petitioner. Even though the child was subjected to examination by a clinical psychologist, no statement could be taken from the child. Now it is reported that, a panel of child psychologists is to be formed as part of the investigation and steps are to be taken to subject the child for further examination. The crime was registered, as early as on 14.02.2023 and about four months have been elapsed. The application for bail is also pending consideration. Considering the serious nature of allegations, it is absolutely necessary that a report from the team of child psychologists has to be obtained for taking a proper decision in this application as well. The parties are closely related and considering such close relationship, I am of the view that, without a report from a child psychologist or clinical psychologist, it is not proper to take decision on this application.

Therefore, it is directed that, the authorities concerned shall take necessary steps to expedite the steps for the interaction of the child by the panel of child psychologists. The authorities are directed to take urgent steps to constitute such panel if already not constituted, proceed with the interaction with the child and submit a report before this court expeditiously.

Post on 26.06.2023. Interim order shall continue till then.

3. Today, when the matter came up for consideration, it is reported by the learned Public Prosecutor that, consequent to the interim order passed by this court, a Medical Board was constituted and a further request was made to the defacto complainant on 19.06.2023 for the production of the child. However, the defacto complainant refused to accept that request and reiterated that she does not intend to produce the child before the Medical Board.