Bail granted to accused as continued detention of the petitioner was not required based on circumstances of POCSO case: Kerala High Court
The Kerala High Court has granted bail to a tuition teacher who was accused of sexually assaulting a minor boy for 8 years through THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS in the case of XXX v. State of Kerala (BAIL APPL. NO. 5665 OF 2022)
FACTS OF THE CASE:
This application sought regular bail filed under Section 439 of the Code of Criminal Procedure, 1973. The petitioner was the sole accused in alleged offences under Section 323 r/w Section 506(i) of the Indian Penal Code, 1860 and Section 8 r/w Section 7, Section 10 r/w Sections 9(f), 9(l) and 9(m) of the Protection of Children from Sexual Offences Act, 2012.
The prosecution’s case is that from June 2014 to June 2022 the petitioner, who is the victim’s tuition teacher, committed sexual assault on him at various places, including the bedroom of the petitioner’s house and in the room of a church and thereby, committed the offences alleged.
Smt.Devy, the learned counsel for the petitioner contended that the entire prosecution case was false and that no offences as alleged had taken place. The learned counsel further pointed out that the alleged victim had attacked the petitioner and sustained serious injuries, which had to be sutured by 96 stitches, and that the complaint resulted from the said incident.
JUDGEMENT:
After perusing the case diary, the Court observed that prima facie, there were materials on record to connect the petitioner with the crime. However, since the petitioner was remanded to judicial custody on 21.06.2022, the Court believed that the petitioner’s continued detention was not required in the circumstances of the case. Therefore, the petitioner was entitled to be released on bail.
Thus, the application was allowed on the following conditions:
(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioner shall appear before the Investigating Officer as and when required.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or his family members.
(d) Petitioner shall not commit any similar offences while he is on bail.
(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.
It was also stated that in case of violation of any of these conditions, the jurisdictional Court would be empowered to consider the application for cancellation and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by the Court.
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JUDGEMENT REVIEWED BY REETI SHETTY