The petition moved by Aloor contended that the minor child’s mother had previously filed a police complaint against him alleging that he had intimidated and physically pushed her out of his office.
The Kerala High Court recently approved anticipatory bail for advocate BA Aloor amidst allegations of sexual assault on a minor girl in the case of Biju Antony Aloor @ BA Aloor v. State of Kerala.
Justice A Badharudeen, while acknowledging the prima facie case against Aloor based on the child’s statement, deemed it appropriate to grant him anticipatory bail under specific conditions.
As part of the bail conditions, Aloor must cooperate with the investigating officer by attending scheduled appointments for statement recording and a potency test to aid in the investigation.
In the event of arrest, Aloor can secure release upon furnishing a bond of ₹30,000 and providing two solvent sureties of the same amount.
Aloor’s petition argued that a prior police complaint by the minor’s mother alleged intimidation and physical altercation in February when she, accompanied by her daughter, visited his office to discuss a loan. Anticipatory bail was granted by the High Court in response to this complaint on February 29.
Subsequently, a new complaint emerged accusing Aloor of sexually assaulting the minor in February of the previous year, invoking both the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences Act (POCSO Act).
The child’s mother clarified that the latest complaint arose during discussions with police regarding the initial case when officers noticed behavioral cues from the child prompting referral to the Child Welfare Committee.
Upon review of the child’s statement and considering the delay and non-disclosure of the initial FIR, the Court found grounds to grant anticipatory bail to Aloor.
“Even though as per the First Information Statement, the offences are made out prima facie, the long delay in lodging complaint and not disclosing any such instance at the time when the earlier crime in FIR No.345/2024 was registered are mitigating factors in this prosecution case.However, I am not inclined to comment on the merits of the case, and I leave the same to the domain of the Investigating Officer, for effective investigation, as per law,” the order stated.