Kerala

Child abduction case: order in anticipatory bail plea on Nov. 2

The District and Sessions Court, Thiruvananthapuram, will pass its orders in the anticipatory bail plea filed by the mother and sister of the young woman who complained that her parents had kidnapped her son and gave in adoption by falsely obtaining her consent on November 2.

The father of the girl, arraigned as the first accused, has not filed any anticipatory bail plea.

Besides the parents, Jayachandran and Smitha James, and sister, Anju, the police have arraigned her brother-in-law Ramesh and two CPI(M) workers Ramesh and Anilkumar as the other accused in the case.

Opposing the bail plea, A.A. Hakkim, public prosecutor, contended that the custodial interrogation of the accused was necessary to trace the original birth certificate of the baby and other documents, ‘forged by the accused.’

The investigation was in its preliminary stage. A genetic identification test of the baby, who has been given in foster care, needs to be conducted. If tests prove that the baby was not the woman’s, investigations to trace the biological child needs to be carried out. Hence the custody of the accused was required, he contended.

He also argued that granting of bail to the accused in the case would give a wrong message in society and lead to the lowering of faith in the judicial system.

Defence lawyer Murukkumpuzha R. Vijayakumaran Nair contended that the charges of kidnapping levelled against the accused would not stand as the girl had submitted a statement in the family court, Thiruvananthapuram, that the baby was handed over to her parents for temporary care. Moreover, the baby has been traced as given to foster care, he submitted.

On the charge of forgery in the birth certificate of the baby, the lawyer submitted that the name of the biological father of the baby was not mentioned anywhere. Hence the charge of forgery would not stand, he submitted.

There was no justification for arraigning the sister and the brother-in-law of the girl as the accused as the girl gave birth to the child at least four months before the sister’s marriage, he submitted.


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Printable version | Dec 4, 2021 11:07:25 AM | https://www.thehindu.com/news/national/kerala/child-abduction-case-order-in-anticipatory-bail-plea-on-nov-2/article37216717.ece

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