Kerala HC Denies Bail To Mom Accused Of Facilitating Daughter's Rape

Condemning a woman who allegedly facilitated the rape of her minor daughter by the girl’s stepfather, the Kerala High Court noted that her actions were an “insult to motherhood.”

The allegations were very serious, and if true, it was an insult to motherhood observed by the court while dismissing the bail plea of the woman who is the second accused.

Kerala Mother Facilitates Daughter's Rape 

The prosecution stated that there was an allegation that the mother disrobed the minor on the order of the stepfather, who was the first accused. With the knowledge and consent of the woman, the stepfather had been indulging in flavourful talks with the survivor between 2018 and 2023.

The girl was forced to send her nude photos to her stepfather’s phone. The stepfather first raped the minor in October 2018 and continued it with the mother's consent.

The Kerala High Court noted that the stepfather had indulged in penetrative sex with the minor girl at their rented house in Koppam. It was also alleged that the minor girl was raped and sexually assaulted at Hotel Casteilo in Coimbatore, Tamil Nadu, with the consent and connivance of the mother.

The accused woman’s counsel, on the other hand, submitted that there was no material to suggest that she had a role in the crime. The counsel also argued that she should be released on bail as she has another son. It was also submitted that the final report was prepared and the investigation was completed.

However, Justice P. Gopinath, who was hearing the case, said that the petitioner, being the biological mother of the child, maybe in a position to influence or intimidate the girl if she is granted bail.

He also noted that the survivor’s statement mentioned that she was subjected to rape by her stepfather even in the presence of her mother, and stated this was another reason that compelled him to withhold the accused’s bail petition.

Based on the above observations, the court declared that the mother, who is the second accused, would not be granted bail, adding that the case was fit for a custodial trial.

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