High Court of KeralaSingle Judge2024-01-29Granted regular bail

BAIL APPL. NO. 272, 274, 275, 276, 277 & 278 OF 2024, HIGH COURT OF KERALA AT ERNAKULAM

Case / Petition Number:272/2024; 274/2024; 275/2024; 276/2024; 277/2024; 278/2024

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Sophy Thomas
Judgment Date: 2024-01-29
Court Decision / Holding: The court granted regular bail to the sole accused on furnishing separate bonds of Rs. 50,000 each with two solvent sureties for each case. Additional conditions include: reporting to the investigating officer on alternate Saturdays for three months or until the final report; prohibition on entering the school premises; no contact or intimidation of victims or witnesses; no tampering with the investigation; surrender of passport or affidavit thereof if no passport; restriction on leaving Kerala without prior court sanction; and general prohibition on committing offences while on bail. The order clarifies that violation may lead to cancellation of bail.
Final Disposition: Granted regular bail

Parties to the Case

Appellants / Petitioners

XXXXXXXXXX

Respondents

STATE OF KERALA

Legal Representation & Advocates

Counsels for Petitioners

• P.K.VARGHESE
• M.T.SAMEER
• K.R.ARUN KRISHNAN
• DHANESH V.MADHAVAN
• JERRY MATHEW
• REGHU SREEDHARAN

Counsels for Respondents

• SR.PUBLIC PROSECUTOR - SRI.VIPIN NARAYAN

Case Synopsis & Summary

These are six regular bail applications filed by the sole accused in Crime Nos. 1179/2023, 1180/2023, 1181/2023, 1182/2023, 1183/2023 and 1184/2023, all of Town Police Station, Kozhikode. The incidents relate to alleged sexual offences under IPC section 354(1)(i), combined with provisions of the Protection of Children from Sexual Offences Act (POCSO) and the Juvenile Justice (Care and Protection of Children) Act. The victim girls were students of the Himayathul Islam School. The date of alleged incident is 12.12.2023, with complaints lodged on 18.12.2023, resulting in the accused’s detention since 20.12.2023. The prosecution contends the nature and seriousness of the offences justify no release on bail, while the defence contends delays in complaint and the improbability of multiple victims acting in the same room within a single day, highlighting investigation progress and the accused’s willingness to comply with conditions. On 29.01.2024, the court considered these submissions and noted the large class size, with 12 victims explicitly mentioned but the record indicating 34 students in the class. Balancing factors, the court granted regular bail under several conditions, including bonds, reporting schedules, travel restrictions, no contact with victims, and safeguards to ensure the integrity of the investigation.

Provisions of Law Cited

Section 439, Code of Criminal Procedure (CrPC)Section 354(1)(i), Indian Penal CodeSection 10 read with Section 9(f) of Protection of Children from Sexual Offences ActSection 75, Juvenile Justice (Care and Protection of Children) Act

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner’s counsel submitted that while the alleged offence occurred on 12.12.2023, the complaint was lodged after a six‑day delay, from a class comprising 34 students with 12 named victims. The accused has been in custody since 20.12.2023, and the defence argued that the investigation has progressed substantially and the likelihood of the accused committing further offences could be mitigated with strict conditions. The defence emphasized the need to ensure a fair opportunity for investigation while balancing the presumption of innocence and the growth of the victims’ cases, suggesting that bail with appropriate conditions would not impede justice.

Contentions of Respondents

The Public Prosecutor opposed bail, stressing the gravity of serious offences under IPC 354(1)(i) and the POSCO/Juvenile provisions, the risk of tampering with witnesses, and the potential for influence over victims’ families. He argued that delays in filing complaints are not dispositive and highlighted the necessity to safeguard the ongoing investigation and the victims’ well‑being. The prosecution urged that bail should not be granted lightly given the alleged conduct and the need for a robust inquiry.

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Extracted Judgment Text

Exact text extracted from official judgment records.

``` IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS MONDAY, THE 29 [ TH ] DAY OF JANUARY 2024 / 9TH MAGHA, 1945 BAIL APPL. NO. 272 OF 2024 ``` ``` CRIME NO.1179/2023 OF Kozhikode Town Police Station, Kozhikode ``` ## **`PETITIONER/ACCUSED:`** ``` XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX ``` ``` BY ADVS. P.K.VARGHESE M.T.SAMEER K.R.ARUN KRISHNAN DHANESH V.MADHAVAN JERRY MATHEW REGHU SREEDHARAN ``` ## **`RESPONDENT/COMPLAINANT:`** ``` STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031. ``` ``` SR.PUBLIC PROSECUTOR - SRI.VIPIN NARAYAN ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.01.2024, ALONG WITH B.A.No.275 OF 2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B A No.272, 274, 275, 276, 277 & 278 of 2024 2 ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS MONDAY, THE 29 [ TH ] DAY OF JANUARY 2024 / 9TH MAGHA, 1945 ``` ``` BAIL APPL. NO. 274 OF 2024 ``` ``` CRIME NO.1180/2023 OF Kozhikode Town Police Station, Kozhikode ``` ## **`PETITIONER/ACCUSED :`** ``` XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX ``` ``` BY ADVS. P.K.VARGHESE M.T.SAMEER K.R.ARUN KRISHNAN DHANESH V.MADHAVAN JERRY MATHEW REGHU SREEDHARAN ``` ## **`RESPONDENT/COMPLAINANT:`** ``` STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ``` SR.PUBLIC PROSECUTOR SRI.VIPIN NARAYAN ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.01.2024, ALONG WITH B.A.No.272 OF 2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B A No.272, 274, 275, 276, 277 & 278 of 2024 3 ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS MONDAY, THE 29 [ TH ] DAY OF JANUARY 2024 / 9TH MAGHA, 1945 ``` ``` BAIL APPL. NO. 275 OF 2024 ``` ``` CRIME NO.1182/2023 OF Kozhikode Town Police Station, Kozhikode ``` ## **`PETITIONER/ACCUSED:`** ``` XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX ``` ``` BY ADVS. P.K.VARGHESE M.T.SAMEER K.R.ARUN KRISHNAN DHANESH V.MADHAVAN JERRY MATHEW REGHU SREEDHARAN ``` ## **`RESPONDENT/COMPLAINANT:`** ``` STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031. ``` ``` SR.PUBLIC PROSECUTOR - SRI.VIPIN NARAYAN ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.01.2024, ALONG WITH B.A.No.272 OF 2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B A No.272, 274, 275, 276, 277 & 278 of 2024 4 ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS MONDAY, THE 29 [ TH ] DAY OF JANUARY 2024 / 9TH MAGHA, 1945 BAIL APPL. NO. 276 OF 2024 ``` ``` CRIME NO.1181/2023 OF Kozhikode Town Police Station, Kozhikode ``` ## **`PETITIONER/ACCUSED:`** ``` XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX ``` ``` BY ADVS. P.K.VARGHESE M.T.SAMEER K.R.ARUN KRISHNAN DHANESH V.MADHAVAN JERRY MATHEW REGHU SREEDHARAN ``` ## **`RESPONDENT/COMPLAINANT:`** ``` STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031. ``` ``` SR.PUBLIC PROSECUTOR - SRI.VIPIN NARAYAN ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.01.2024, ALONG WITH B.A.No.272 OF 2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B A No.272, 274, 275, 276, 277 & 278 of 2024 5 ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS MONDAY, THE 29 [ TH ] DAY OF JANUARY 2024 / 9TH MAGHA, 1945 ``` ## **`BAIL APPL. NO. 277 OF 2024`** ``` CRIME NO.1183/2023 OF Kozhikode Town Police Station, Kozhikode ``` ## **`PETITIONER/ACCUSED:`** ``` XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX ``` ``` BY ADVS. P.K.VARGHESE M.T.SAMEER K.R.ARUN KRISHNAN DHANESH V.MADHAVAN JERRY MATHEW REGHU SREEDHARAN ``` ## **`RESPONDENT/COMPLAINANT:`** ``` STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031. ``` ``` SR.PUBLIC PROSECUTOR - SRI.VIPIN NARAYAN ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.01.2024, ALONG WITH B.A.No.272 OF 2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B A No.272, 274, 275, 276, 277 & 278 of 2024 6 ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS MONDAY, THE 29 [ TH ] DAY OF JANUARY 2024 / 9TH MAGHA, 1945 ``` ## **`BAIL APPL. NO. 278 OF 2024`** ``` CRIME NO.1184/2023 OF Kozhikode Town Police Station, Kozhikode ``` ## **`PETITIONER/ACCUSED:`** ``` XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX ``` ``` BY ADVS. P.K.VARGHESE M.T.SAMEER K.R.ARUN KRISHNAN DHANESH V.MADHAVAN JERRY MATHEW REGHU SREEDHARAN ``` ## **`RESPONDENT/COMPLAINANT:`** ``` STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031. ``` ``` SR.PUBLIC PROSECUTOR - SRI.VIPIN NARAYAN ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.01.2024, ALONG WITH B.A.No.272 OF 2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B A No.272, 274, 275, 276, 277 & 278 of 2024 7 ## **ORDER** These are applications for regular bail under Section 439 of the Code of Criminal Procedure filed by the sole accused in Crime Nos.1179 of 2023, 1180 of 2023, 1182 of 2023, 1181 of 2023, 1183 of 2023 and 1184 of 2023 respectively of Town Police Station, Kozhikode District, registered under Sections 354(1)(i) of Indian Penal Code, Section 10 read with Section 9(f) of Protection of Children from Sexual Offences Act and Section 75 of Juvenile Justice (Care and Protection of Children) Act. 2. The prosecution allegation is that on 12.12.2023, between 11.20 a.m. and 12.00 Noon, the petitioner, who was the Drawing Teacher of Himayathul Islam School, sexually assaulted the victim girls, who were his students in Vth Standard, outraged their modesty, by touching their private parts. 3. Heard learned counsel for the petitioner and learned Public Prosecutor. 4. Learned Public Prosecutor opposed the bail applications. B A No.272, 274, 275, 276, 277 & 278 of 2024 8 5. Learned counsel for the petitioner would submit that though the alleged incident occurred on 12.12.2023, the complaint was lodged by all the victims only on 18.12.2023 with a delay of six days. The strength of that class was 34 and there were 12 girl students in that class. So there was no probability for the petitioner to sexually assault six girl students in that class room, on a single day in presence of other students. The petitioner is in judicial custody since 20.12.2023 and his continued detention is not needed for the purpose of investigation. He is ready to abide by any conditions imposed by this Court. 6. It is true that there is a delay of six days in making the complaint by the victim girls. Moreover, the allegation that on the same day, the petitioner sexually assaulted six girl students of the same class also seems doubtful. The petitioner is in judicial custody from 20.12.2023 and the investigation has progressed substantially. So this Court is inclined to release the petitioner on bail in Crime Nos.1179 of 2023, 1180 of 2023, 1182 of 2023, 1181 of 2023, 1183 of 2023 and 1184 of 2023 of Town Police Station, Kozhikode B A No.272, 274, 275, 276, 277 & 278 of 2024 9 ## District, on the following terms: **i.** The petitioner shall be released on bail on executing separate bonds for Rs.50,000/(Rupees Fifty Thousand only) with two solvent sureties each for the like sum in Crime Nos.1179 of 2023, 1180 of 2023, 1182 of 2023, 1181 of 2023, 1183 of 2023 and 1184 of 2023 of Town Police Station, Kozhikode District, to the satisfaction of the trial court. **ii.** The petitioner shall report before the investigating officer, on alternate Saturdays, starting from 02.02.2024, between 10.00 am and 11.00 am for a period of three months or till the final report is filed, whichever is earlier. **iii.** The petitioner shall not enter the limits of Hidayathul Islam School for a period of three months or till the investigation is over, whichever is earlier. **iv.** The petitioner shall not try to contact the victim girls or their family members and shall not influence or intimidate them, either directly or indirectly. **v.** The petitioner shall not influence or intimidate the witnesses and shall not tamper with the investigation. **vi.** The petitioner has to surrender his B A No.272, 274, 275, 276, 277 & 278 of 2024 10 passport before the trial court at the time of executing bond and if he is not having a passport, he has to file an affidavit to that effect before the trial court. **vii.** The petitioner shall not leave the limits of State of Kerala without getting prior sanction from the trial court. **viii.** The petitioner shall not commit any offence while on bail. **ix.** In case of violation of any of these conditions, the trial court is empowered to cancel his bail, in accordance with law. Sd/- **SOPHY THOMAS, JUDGE** ``` DSV/- ``` B A No.272, 274, 275, 276, 277 & 278 of 2024 11 ## **`APPENDIX OF BAIL APPL. 272/2024`** ``` PETITIONER’S ANNEXURES : ``` ``` Annexure-I A TRUE COPY OF THE ORDER DATED 08.01.2024 IN CRL.M.C NO. 617/2023 OF THE ADDITIONAL DISTRICT & SESSIONS FOR THE TRIAL OF CASES RELATING TO ATROCITIES & SEXUAL VIOLENCE TOWARDS WOMEN & CHILDREN, KOZHIKODE. ``` ``` RESPONDENT’S ANNEXURES : NIL ``` B A No.272, 274, 275, 276, 277 & 278 of 2024 12 ## **`APPENDIX OF BAIL APPL. 274/2024`** ``` PETITIONER’S ANNEXURES : ``` ## **`Annexure-I`** ``` A TRUE COPY OF THE ORDER DATED 08.01.2024 IN CRL.M.C NO. 616/2023 OF THE ADDITIONAL DISTRICT & SESSIONS FOR THE TRIAL OF CASES RELATING TO ATROCITIES & SEXUAL VIOLENCE TOWARDS WOMEN & CHILDREN, KOZHIKODE. ``` ``` RESPONDENT’S ANNEXURES : NIL ``` B A No.272, 274, 275, 276, 277 & 278 of 2024 13 ## **`APPENDIX OF BAIL APPL. 275/2024`** ``` PETITIONER’S ANNEXURES : ``` ``` Annexure -I A TRUE COPY OF THE ORDER DATED 08.01.2024 IN CRL.M.C NO. 618/2023 OF THE ADDITIONAL DISTRICT & SESSIONS FOR THE TRIAL OF CASES RELATING TO ATROCITIES & SEXUAL VIOLENCE TOWARDS WOMEN & CHILDREN, KOZHIKODE. ``` ``` RESPONDENT’S ANNEXURES : NIL ``` B A No.272, 274, 275, 276, 277 & 278 of 2024 14 ## **`APPENDIX OF BAIL APPL. 276/2024`** ``` PETITIONER’S ANNEXURES : ``` ``` Annexure-I A TRUE COPY OF THE ORDER DATED 08.01.2024 IN CRL.M.C NO. 619/2023 OF THE ADDITIONAL DISTRICT & SESSIONS FOR THE TRIAL OF CASES RELATING TO ATROCITIES & SEXUAL VIOLENCE TOWARDS WOMEN & CHILDREN, KOZHIKODE. ``` ``` RESPONDENT’S ANNEXURES : NIL ``` B A No.272, 274, 275, 276, 277 & 278 of 2024 15 ## **`APPENDIX OF BAIL APPL. 277/2024`** ## **`PETITIONER’S ANNEXURES :`** ``` Annexure-I A TRUE COPY OF THE ORDER DATED 08.01.2024 IN CRL.M.C NO. 620/2023 OF THE ADDITIONAL DISTRICT & SESSIONS FOR THE TRIAL OF CASES RELATING TO ATROCITIES & SEXUAL VIOLENCE TOWARDS WOMEN & CHILDREN, KOZHIKODE IS PRODUCED HEREWITH AND MARKED AS ANNEXURE - I ``` ## **`RESPONDENT’S ANNEXURES : NIL`** B A No.272, 274, 275, 276, 277 & 278 of 2024 16 ## **`APPENDIX OF BAIL APPL. 278/2024`** ## **`PETITIONER’S ANNEXURES`** ``` Annexure -I A TRUE COPY OF THE ORDER DATED 08.01.2024 IN CRL.M.C NO. 621/2023 OF THE ADDITIONAL DISTRICT & SESSIONS FOR THE TRIAL OF CASES RELATING TO ATROCITIES & SEXUAL VIOLENCE TOWARDS WOMEN & CHILDREN, KOZHIKODE. ``` ## **`RESPONDENT’S ANNEXURES : NIL`**