Anticipatory bail application by accused teacher in a POCSO offence involving sexual harassment of a minor student at school and an NCC camp. The court found prosecution case well made out on victim statements and denied bail, citing need for custodial interrogation and medical examination; applicant directed to surrender.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
BAIL APPL. NO. 921 OF 2024
CRIME NO.36/2024 OF Peruvannamuzhy Police Station, Kozhikode
PETITIONER/ACCUSED:
XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
BY ADVS.
P.V.ANOOP
PHIJO PRADEESH PHILIP
ANJU R S.
K C MOHAMED RASHID
BIJITHA B. BOSE
ABIN BENNY
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031.2XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
BY ADVS.
T.D.SUSMITH KUMAR
T.O.DEEPA
JAYKAR.K.S.
C.SIVADAS
PUBLIC PROSECUTOR SMT.NIMA JACOB
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON
01.04.2024, THE COURT ON 04.04.2024 DELIVERED THE FOLLOWING:
B.A.No.921/2024 2
A. BADHARUDEEN, J.
================================ B.A.No.921 of 2024
================================
Dated this the 4th day of April, 2024
O R D E R
This is an anticipatory bail application filed by the sole accused in Crime No.36/2024 of Peruvannamuzhy Police Station,
Kozhikode under Section 438 of the Code of Criminal Procedure.
2 . Heard the learned counsel for the petitioner, the learned
counsel appearing for the defacto complainant as well as the learned Public Prosecutor.
3 . Perused the relevant materials form part of the case diary including the 164 statement given by the victim before the Judicial First Class Magistrate Court-II, Perambra.
4 . The prosecution case is that the defacto complainant,
who is a minor studying in the 9 th class at St.George HSS School,
B.A.No.921/2024 3
Kallathvayal, subjected to sexual harassment by the accused, at the NCC camp in Koodathal HSS on 08.05.2023 and on multiple occasions in between 01.06.2023 and January, 2024. Therefore, the petitioner committed aggravated form of sexual assault, punishable under Sections 354 A(1)(i), 354 A(2) of Indian Penal Code and Section 10 r/w 9(f), 9(j) (i), 9(l) of POCSO Act. The learned counsel for the petitioner canvassed anticipatory bail to the petitioner on the submission that since the petitioner is a Chemistry teacher and also NCC Master of St.George HSS School, Kallathvayal, he will not commit any offences as alleged. Further, the petitioner’s wife also is a teacher working in the same school and the petitioner’s two children are also studying in the very same school. According to the learned counsel for the petitioner, the entire allegations are false and the defacto complainant is having psychiatric issues. It is argued that since the entire allegations are false, the petitioner deserves anticipatory bail to protect his
B.A.No.921/2024 4
personal liberty guaranteed under Article 21 of the Constitution of India r/w Section 438 of Cr.P.C.
5 . The learned Public Prosecutor strongly opposed the bail in a case where the defacto complainant had given candid statement regarding the sexual assault at the instance of the accused in a more exhaustive manner supported by statements. It is submitted by the learned Public Prosecutor that the accused herein, who is a teacher of the defacto complainant, raised unnecessary allegation of mental illness to the defacto complainant and on investigation the same also found against. Highlighting the necessity of custodial interrogation and medical examination, the learned Public Prosecutor zealously opposed grant of anticipatory bail to the petitioner.
6 . On perusal of the statement of the defacto complainant form part of the records placed by the learned Public Prosecutor, the prosecution case is well made out and the same would require
B.A.No.921/2024 5
an effective investigation by questioning and conducting medical examination of the petitioner. In such a case, grant of anticipatory
bail would defeat the purpose of investigation. Therefore, the petitioner doesn’t deserve anticipatory bail.
Hence this bail application is dismissed directing the petitioner to surrender before the Investigating Officer and to cooperate with the investigation within 7 days from today.
Sd/-
(A.BADHARUDEEN, JUDGE)
rtr/
1 issue framed by the court
Whether anticipatory bail should be granted to the accused teacher in a POCSO case against a minor victim given the need for custodial interrogation and medical examination.
4 provisions across 4 enactments
XXXXXXXXXX (sole accused)
State of Kerala, represented by Public Prosecutor
Defacto complainant
A. Badharudeen
As recorded by the court registry
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