Anticipatory bail cannot be granted in cases of serious allegations like rape, especially with prima facie evidence against the accused.

ORDER :

P.V.KUNHIKRISHNAN, J.

The petitioner is an accused in Crime No.1492/2024 of Aranmula Police Station. Petitioner is a lawyer practising in this Court. He is alleged to have committed rape on a minor girl. The offences alleged are under Sections 376 (2)(j) , 376(2)(n) , 376(3), 377 , 506 of the Indian Penal Code , Sections 75 & 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'JJ Act') and Sections 4 (2) , 3(a)(b), 6 , 5(l)(p)(i), 7, 8 , 9(l)(p), 10 , 11(v), 12, 16 , 17 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act').

2. The victim in this case gave a statement before the Konni Police Station on 14.12.2024 at 2.30 pm in the presence of one Jeeva Thomas. She stated that she is a Plus- 2 grade student and her date of birth is 02.08.2007. She stated that her father and mother are not on good terms and they are living separately. The petitioner is known to her. He is a friend of her aunt. She stated that, in 2022, while she was studying in the 9^th standard, she went to the Park Residency Hotel at Kozhenchery. At that time, the petitioner was also there. Two rooms were taken and the petitioner occupied one room. Her aunt and children along with her occupied the other room. Her aunt told her and the children to go to the room of the petitioner. They went to the room of the petitioner. After some time, her aunt also came to that room. It is stated that the petitioner took two bottles of liquor along with two glasses. He asked the victim whether she would take liquor. She said that she would not take it. The petitioner compelled her to consume alcohol. Accordingly, she took one glass of drink. Then the petitioner stated that the victim lacked willpower and that is why she was not taking more drinks. Then the victim again consumed another half glass. Thereafter she became drowsy. But she can understand the conversations between the petitioner and her aunt. Subsequently, her aunt left the room. The petitioner locked the room and had forceful sexual intercourse with the victim girl. When she experienced pain, the petitioner said that she need not take it seriously. It is also stated that her aunt knocked on the door two or three times and the petitioner opened the door and closed it again. The next morning, when she got up, the petitioner was sleeping on her side in the bed. She went to the toilet and there was bleeding to her. Even on the bed sheet, there was blood. It is also stated by her that the petitioner bit her nipple and there were marks on her breasts. Thereafter, she went to the room of her aunt. She did not disclose the things to her aunt. On that day at noon, they vacated the room and went to the house. After one week, the victim's aunt asked her about the details. She also informed the victim that, in the iPad of the petitioner, her photos and videos were there. At that time, she disclosed everything to her aunt and her 'Ammachi'. It is stated by her that, thereafter also, the petitioner sexually abused the victim several times. This happened with the knowledge of her aunt. Several other instances are also mentioned in the First Information Statement. Therefore, it is alleged that the petitioner committed the above-said offences.

3. Heard the learned Senior Counsel Adv. Sri. P. Vijayabhanu assisted by Adv. S. Rajeev for the petitioner and the learned Public Prosecutor.

4. The Senior counsel submitted that, it is a false case foisted against the petitioner. The Senior counsel also submitted that the victim in this case filed a complaint against another boy earlier and that was compromised. She and her family are making money by filing false complaints. This case is also filed to tarnish the image of the petitioner. It is submitted that the petitioner is a lawyer practising in this Court for several years. If this Court rejects the bail application, that will affect his future and the reputation of the petitioner. Even if the petitioner is finally acquitt