Kerala high court dismisses anticipatory bail plea of Congress councillor in sexual assault case

Kochi: The Kerala high court on Tuesday dismissed the anticipatory bail petition filed by Prasobh M, a Congress councillor of Palakkad municipality, in a sexual assault case.

Justice A Badharudeen, while dismissing the plea, observed that prima facie offences under the provisions of the BNS and the SC/ST (Prevention of Atrocities) Act were made out against the accused based on the allegations in the first information statement and other statements.

The court further observed that the bar under Section 18A of the SC/ST (POA) Act would apply in the 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.

According to the prosecution, Prasobh was in a relationship with the survivor from an SC/ST community and, despite being married, 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 the 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, Palakkad Town South Police registered a case against the petitioner.

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.