Walayar parents to be summoned to CBI court shortly

The parents of deceased Walayar girls, who were accused of abetting the rape of their minor daughters, are likely to be summoned to the CBI court in Kochi, shortly.

The mother and the father, the second and third accused respectively, would shortly be issued a summons for their appearance in the court. On appearance, they have the legal option of applying for a bail.

The accused would be generally granted bail in cases where the investigation agency has completed the investigation and filed the charge sheet. However, it is the prerogative of the judge to decide on the bail plea.

The judge can deny the bail considering the various aspects of the case, including the gravity of the offence and the probability of the accused absconding, tampering with the evidence or influencing the witnesses, judicial sources said.

Generally, bail is denied to allow the investigation agency to carry out the custodial interrogation, ensure the appearance of the accused for investigation and collect evidence in the case. However, the CBI has already interrogated the accused, interviewed the witnesses and gathered the required evidence in the case.

Moreover, the first accused V. Madhu is currently out on bail. He turns up before the court when the case is considered. The court may consider such aspects while considering the bail applications, sources pointed out.

The prosecution is likely to oppose the bail application and argue that there exists the possibility of the accused absconding, tampering with the evidence and trying to influence the witnesses, sources indicated.

The accused also have the option of moving a discharge petition before the court and contending that there is no sufficient ground to proceed against them in the case. They could also argue that there is no prima facie case against them and hence shall be discharged.

The CBI court may schedule the trial once a decision on the discharge petition is taken. Later, the accused will be summoned to frame the charges. The court will read out the charges to the accused.

The trial will be conducted as an in-camera proceeding since the offences allegedly committed by the accused include sexual assault and rape of minor girls, which are punishable under the Protection of Children from Sexual Offences Act and the Indian Penal Code, sources said.

In its charge sheet filed two weeks ago, the CBI had alleged that the parents had abetted V. Madhu, the first accused in the case, to sexually assault their minor daughters.

It was alleged that the accused, who had witnessed Madhu sexually assaulting the elder daughter, on multiple occasions had not complained to the police. It was after a couple of weeks of the elder child taking her life that the parents chose to complain to the police, the CBI has alleged.