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High Court of KeralaSingle JudgeBail granted

Case / Petition Number:BA No.272/2024, BA No.274/2024, BA No.275/2024, BA No.276/2024, BA No.277/2024, BA No.278/2024

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Sophy Thomas
Judgment Date
2024-01-29
Court Decision / Holding
Regular bail granted to the sole accused in Crimes 1179, 1180, 1181, 1182, 1183, 1184 of 2023, Kozhikode Town Police Station, with conditions including bonds of Rs.50,000 with two sureties each; reporting to investigating officer on alternate Saturdays; restriction from entering school premises; no contact with victims or witnesses; surrender of passport; travel restrictions within Kerala; and power of the trial court to cancel bail on violation.
Final Disposition
Bail granted

Parties to the Case

Appellants / Petitioners

  • XXXXXXXXXX

Respondents

  • State of Kerala represented by Public Prosecutor, High Court of Kerala
  • Sri Vipin Narayan, Public Prosecutor

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 connected bail applications under Section 439 CrPC by the sole accused in Crime Nos. 1179, 1180, 1181, 1182, 1183 and 1184 of the Kozhikode Town Police Station, registered under the Indian Penal Code, Section 354(1)(i) (outraging modesty), the Protection of Children from Sexual Offences Act (POCSO) Section 10 read with Section 9(f), and the Juvenile Justice (Care and Protection of Children) Act, Section 75. The incidents allege that on 12 December 2023 the accused, a drawing teacher at Himayathul Islam School, sexually assaulted girl students in Class V. The prosecution contends the offences are grave, with risk of witness tampering and ongoing investigation, and that bail would undermine the inquiry. The defence cites a six-day delay in lodging complaints and the improbability of assault on six girls in the same classroom in the presence of other students, given the accused’s continued custody since 20 December 2023. The learned Judge considered these factors, noting substantial progress in the investigation and the six-day delay, but balancing the rights of the accused with the victims’ safety. The Court granted regular bail on conditions: separate bonds of Rs.50,000 with two solvent sureties each; reporting to investigating officer on alternate Saturdays for three months; restriction from entering the school; no contact with victims or witnesses; surrender of passport; travel restrictions within Kerala; and power to cancel bail on violation. The order reflects a cautious approach to balance investigation integrity with the presumption of innocence.

Provisions of Law Cited

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

Submissions & Arguments

Contentions of Appellants / Petitioners

Counsel for the petitioner submitted that though the alleged incident occurred on 12.12.2023, the complaint was lodged on 18.12.2023 after a delay of six days. The defence argued that the class consisted of 34 students with 12 girls, making it improbable that the accused could have sexually assaulted six girls in a single class on a single day in the presence of others. The petitioner has been in judicial custody since 20.12.2023, and continued detention is unnecessary for investigation, particularly given progress in investigation. The petitioner is ready to abide by any conditions the Court may impose. The defense contended that baring the accused from the school and imposing supervision can ensure fair investigation while preserving the rights of the accused.

Contentions of Respondents

The Public Prosecutor opposed bail, highlighting the gravity of offences under IPC 354(1)(i) and the POCSO Act, the vulnerability of minor victims, and the risk of tampering with witnesses. It was argued that granting bail may impede the ongoing investigation and compromise victim protection. The prosecution urged the Court to insist on strict compliance with conditions or to deny bail if the risk persists.

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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`**