Kerala High Court refuses relief to actor KR Jayachandran in POCSO Act case

The Kerala High Court on Tuesday dismissed the anticipatory bail application filed by Malayalam actor and comedian KR Jayachandran accused of committing penetrative sexual assault on a four-year-old girl [KR Jayachandran v State of Kerala & anr].Justice G Girish observed that prosecution materials prima facie proved the involvement of accused Jayachandran in the penetrative sexual assault of the 4-year-old child and stated that custodial interrogation was necessary for a full and effective investigation."Since the materials gathered by the prosecution in the instant case, prima facie point to the involvement of the petitioner in the crime, and also since the custodial interrogation of the petitioner is indispensable for an effective and fruitful investigation, the prayer in this petition for pre-arrest bail cannot be entertained," the judge said..Grave allegations were made against KR Jayachandran, a 54-year-old Malayalam actor and comedian, who was accused of committing penetrative sexual assault on a four-year-old girl, who is the daughter of Jayachandran's wife's sister.At the time of the alleged incident, the victim had been staying with her mother at her maternal home due to marital issues between her parents. Following her father’s suicide in April 2024, the victim was brought to her paternal home for post-funeral rites.During this visit, the victim confided in her paternal grandmother about the sexual abuse by Jayachandran.The matter was brought to light after the grandmother informed the District Child Protection Unit, leading to a police investigation.The victim's statement, corroborated by medical findings of a small tear in her hymen, along with her consistent accounts to both the police and the Magistrate, provided strong evidence of the alleged assault.A criminal case was registered against the actor under Section 376(2)(n) IPC (repeated rape of same woman) and Section 376AB of the IPC (rape on woman under 12 years of age).Additionally, he was charged under Section 5(l), 5(m), 5(n), and 5(p) of the Protection of Children from Sexual Offences Act (POCSO Act) for aggravated sexual assault including applying force or using a weapon during the act.Apprehending arrest, Jayachandran moved the Court seeking anticipatory bail..The prosecution and the victim's counsel opposed the bail application, citing the bar under Section 438(4) of the Criminal Procedure Code (CrPC) for granting anticipatory bail in cases under Section 376 AB of the IPC.Jayachandran's counsel contended that the actor was being falsely implicated in the case due to personal vendetta.His counsel stated that the victim's paternal relatives, especially her grandmother and aunt, had fabricated the accusations to take revenge on Jayachandran, who had supported the victim's mother in a custody dispute.It was suggested that the victim's failure to report the abuse to her mother was an indication of the fact that the allegations were false. .However, the Court found these arguments to be unconvincing. It pointed to the medical examination report that showed an injury on the victim's hymen, consistent with the allegations of sexual assault.It also referred to the victim's statement made in the presence of a psychologist as well as her testimony before a Magistrate, both of which identified Jayachandran as the perpetrator of the assault.The Court also rejected the claim that the victim was coached by her paternal grandmother and aunt to fabricate the allegations.The Court also took note of a subsequent affidavit filed by the victim's mother, which stated that her earlier affidavit, in which she had allegedly defended Jayachandran, was obtained under coercion and misrepresentation. .The Court thus dismissed the actor's plea..Advocates Julia Priya Reshmy, T Sajayan Jacob, Abdul Manaf M and S Rajeev appeared for the actor.Advocate Reeha Khader represented the minor victim and Senior Public Prosecutor Seetha S appeared for the state..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.