The Kerala High Court has refused to grant bail to a man accused of sexually assaulting his own minor daughter, even after the girl's mother filed an affidavit saying the matter had been "settled" and that she no longer wished to pursue the case.
Background of the Case
The applicant, Shiju, a resident of Chalakkudy in Thrissur district, is the sole accused in a case registered at Chalakkudy Police Station. According to the prosecution, he touched his 17-year-old daughter's thighs in April 2026, and on separate occasions in February and March 2026, touched her breast and made inappropriate remarks. He was taken into judicial custody on April 17, 2026, and has remained there since. This was his second attempt at securing regular bail - his first plea had already been dismissed by the High Court earlier this year.
His lawyer, Advocate Jerry Mathew, told the court that Shiju had been falsely implicated and that there was nothing on record linking him to the alleged offence. The counsel also pointed to a fresh development - the victim's mother had sworn an affidavit stating that the dispute had been resolved between the family and that she had no objection to bail being granted. The state's Senior Public Prosecutor, Aneeda Beegum, opposed the plea, arguing that the incident was part of a deliberate pattern of conduct and that bail should not be granted at this stage.
Court's Observations
Justice Kauser Edappagath was unsparing in his remarks. Describing the case as depicting "the tragic plight of a minor girl," the judge noted that the mother's affidavit did not deny that the incident took place - it only claimed a later compromise. The bench observed that this was a case of "the fence itself devouring the crop."
The court held that offences of sexual assault against minors are not compoundable, and parents cannot use a private settlement to override the legal process. Citing an earlier Kerala High Court ruling, the judge said such settlements cannot be legally sanctioned, and courts have a duty under their protective jurisdiction to safeguard child victims even when parents fail to do so.
The Decision
Holding that the alleged compromise could not be accepted, the High Court dismissed the bail application, and Shiju continues to remain in judicial custody.
Case Details
- Case Title: Shiju v. State of Kerala
- Case Number: BA No. 4130 of 2026
- Judge: Dr. Justice Kauser Edappagath
- Decision Date: August 3, 2026
