The Kerala High Court has recently approved anticipatory bail for advocate BA Aloor, who was accused of sexually assaulting a minor girl in a registered case.

Justice A. Badharudeen expressed the view that although the offenses outlined in the child's statement appear to be established on the surface, anticipatory bail can still be granted to Aloor under certain conditions.

As a requirement for anticipatory bail, Aloor must adhere to specific dates set by the investigating officer to appear for the recording of his statement and to undergo a potency test, which aims to facilitate thorough investigation procedures.

If Aloor is arrested, he will be granted bail upon posting a bond of ₹30,000 and providing two solvent sureties for the same amount. Aloor's petition argued that the mother of the minor child had previously lodged a police complaint against him, accusing him of intimidation and physically pushing her out of his office.

In February of this year, the incident allegedly occurred when the mother, accompanied by her minor daughter, visited Aloor's office to discuss obtaining a loan. On February 29 of the same year, the High Court granted Aloor anticipatory bail regarding this incident. Later, a new complaint was filed, accusing Aloor of sexually assaulting the minor child in February of the previous year.

Aloor was accused of committing offenses punishable under both the Indian Penal Code (IPC) and the provisions of the Protection of Children from Sexual Offenses Act (POCSO Act).

The child's mother clarified that the new case was registered after police officers, who were interviewing her regarding the first case, observed concerning behavior in the child. Subsequently, the police referred the child to the Child Welfare Committee, as reported by the mother.

The Court observed that the first information statement provided by the child mentioned a form of sexual assault by Aloor on an unspecified date. Considering this, along with the delay in reporting and the non-disclosure of the initial FIR, the Court deemed these factors as mitigating circumstances. Consequently, the court granted anticipatory bail to the advocate.

Aloor was represented by a team of advocates including Udayabhanu, Navaneeth N Nath, Rassal Janardhanan A, Abhishek M Kunnathu, Boban Palat, PU Pratheesh Kumar, PR Ajay, and KU Swapnil.