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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR
.......... – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. bail order challenged due to victim's non-notification (Para 1 , 2) |
| 2. argument on victim's right to participate in bail proceedings (Para 3 , 4 , 5) |
| 3. statutory provisions regarding notice to victims (Para 6 , 7 , 8) |
| 4. judicial interpretation of victim rights in bail hearings (Para 9 , 10 , 11 , 12 , 13) |
| 5. court orders cancellation of bail and requirements for future hearings (Para 14) |
ORDER :
2. The offences involved in crime No.2021 of 2025 of Kottayam East police station are under Section 351 BNS and Section 4(2), 3(d), 8 r/w 7 of Protection of Children from Sexual Offences Act, 2012 (PoCSO Act). The allegation against the 2nd respondent is that on 14.11.2025 at about 2.15 p.m, he trespassed into the residence of the victim who was a minor boy aged 14 and committed penetrative sexual assault upon him and intimidated him not to disclose about the same to others. From the records it appears that the 2nd respondent was arrested by the police on 15.11.2025 and as per Annexure-A3 order, he was released on bail.
4. Relying upon Section 40 of the PoCSO Act, Rule 4 of the Protection of Children from Sexual Offences Rules, 2020 (PoCSO Rules, 2020) as well as sub-section (
A victim has the right to be heard in bail proceedings, especially in serious offences, as mandated by the Protection of Children from Sexual Offences Act and corresponding rules.
The court affirmed that while the victim must be informed of bail proceedings under the POCSO Act, they are not required to be included as a party to such applications, promoting their rights to repr....
Issuance of prior notice to victim/complainant for suspension of sentence in pending appeal preferred by the appellant/accused convicted under the offences against woman or child punishable under the....
Court mandates victim notification in bail applications under POCSO to uphold justice and victim rights.
The main legal point established in the judgment is the entitlement of the child to legal representation, participation in proceedings, and the mandatory presence of the informant or authorized perso....
Point of law: The POCSO Act, 2012 read with POCSO Rules, 2020 is a special legislation. It is open to the High Court on the administrative side to consider the feasibility of creating specific rules ....
(1) Persons nominated in Section 439(IA), Cr.P.C. may not be obligated to attend but are certainly entitled to be present at hearing of bail application in POCSO Act, 2012 offences – Notice to victim....
Victims must be informed of verdicts and have the right to appeal under the POCSO Act, mandating court procedures to facilitate such notifications.
Bail – Absence of evidence indicating penetrative sexual assault, can be a ground for grant of bail.
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