The Kerala High Court recently denied anticipatory bail to Noushad a 58-year-old lawyer from Malappuram
The Kerala High Court recently denied anticipatory bail to Noushad, a 58-year-old lawyer from Malappuram, accused of sexually assaulting a minor girl. The court described the allegations as a “shame to the profession,” emphasizing that such conduct disqualifies the petitioner from receiving discretionary relief.
Case Background:
According to the prosecution, Noushad, who was acquainted with the victim’s aunt, allegedly coerced a 9th-grade student into consuming alcohol at a hotel in Kozhenchery before assaulting her. It is further alleged that he possessed inappropriate videos and photographs of the victim, facilitating continued abuse. The victim disclosed these incidents to her aunt, indicating that the abuse was recurrent and occurred with the aunt’s knowledge.
Legal Proceedings:
During the bail hearing, Senior Advocate P. Vijayabhanu, representing Noushad, contended that the charges were fabricated. He referenced a prior case where the victim had allegedly made false accusations against another individual, resulting in acquittal. The defense argued that denying bail would irreparably harm Noushad’s professional reputation, given his extensive practice in the High Court.
Conversely, Senior Public Prosecutor K.A. Noushad highlighted the gravity of the allegations, asserting that the petitioner had acted as a mediator in the previous case and could pose a threat to the victim’s safety if granted bail. The prosecutor cited Section 482(4) of the Bharatiya Nyaya Sanhita, 2023 (BNS), which prohibits granting anticipatory bail to individuals accused of specific offenses, including the rape of minors under 12 years of age.
Court’s Observations:
After reviewing the case diary and reports from the Victim Rights Centre of the Kerala State Legal Services Authority (KeLSA), Justice P.V. Kunhikrishnan observed that the allegations, if true, are profoundly disturbing. The court noted that reading the victim’s statement could evoke deep emotional responses, as it details the abuse of a minor without her consent. The judge remarked that such actions by a member of the legal profession are disgraceful, rendering the petitioner undeserving of any discretionary relief from the court.
Consequently, the court dismissed the anticipatory bail application, underscoring the seriousness of the charges and the statutory restrictions on granting bail in such circumstances.
