High Court of KeralaSingle Judge2024-01-29Bail granted

XXXXXXXXXX v. STATE OF KERALA

Case / Petition Number:BAIL APPL. NO. 272, 274, 275, 276, 277 & 278 OF 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 the terms enumerated in the order: (i) separate bonds of Rs. 50,000 with two solvent sureties each; (ii) reporting before the investigating officer on alternate Saturdays for three months or until final report; (iii) not entering the school premises during the period; (iv) not contacting the victims or their families; (v) not influencing or tampering with witnesses; (vi) surrender of passport at bond execution (or affidavit if no passport); (vii) not leaving Kerala without prior court sanction; (viii) not committing any offence while on bail; (ix) bail cancellable for violation. The order notes that the investigation has progressed and attaches annexures from CRL.M.C proceedings, but ultimately grants bail with strict conditions.
Final Disposition: Bail granted

Parties to the Case

Appellants / Petitioners

XXXXXXXXXX

Respondents

STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031
SR.PUBLIC PROSECUTOR - SRI.VIPIN NARAYAN

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 regular bail applications under Section 439 CrPC filed by the sole accused in Crime Nos. 1179–1184/2023 of the Kozhikode Town Police Station, registered under IPC 354(1)(i), POCSO Act (Section 10 read with 9(f)) and Juvenile Justice Act. The Kerala High Court, Sophy Thomas, J., on 29 January 2024 heard six connected bail petitions (272–278/2024) arising from a single alleged incident at Himayathul Islam School, Kozhikode, wherein the petitioner allegedly sexually assaulted minor girl students. The prosecution contends opposition to bail given the gravity of the offences and ongoing investigation; the defense argues the delay in filing complaints (six days) and improbability ofthe alleged conduct by a single teacher across multiple victims, noting the class size: 34 students with 12 girls. The petitioner has remained in custody since 20 December 2023. The court, after considering the submissions, grants regular bail on stringent conditions: separate bonds of Rs.50,000 with two sureties each, periodic reporting to the investigating officer (every alternate Saturday for three months or until final report), prohibition from entering the school premises for the period, non-contact with victims or their families, non-interference with witnesses, surrender of passport, restriction on leaving Kerala without court sanction, and a provision for cancellation of bail on violation. Annexures refer to related CRL.M.C orders. The order records that the investigation has progressed and details the bail conditions.

Provisions of Law Cited

Section 439 of CrPCSection 354(1)(i) IPCSection 10 read with Section 9(f) of POCSO ActSection 75 of the Juvenile Justice (Care and Protection of Children) Act

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner’s counsel submitted that although the alleged incident occurred on 12.12.2023, the complaint was lodged on 18.12.2023, a delay of six days. The class had 34 students with 12 girls, and it is implausible that the accused could commit sexual acts against six girls in one classroom on a single day in the presence of others. The petitioner has been in judicial custody since 20.12.2023 and the investigation has progressed. The petitioner is willing to abide by stringent conditions and is not a flight risk. The court should grant regular bail with conditions including bonds, sureties, reporting, restrictions on school entry, no contact with victims or families, non-interference with witnesses, surrender of passport, and travel restrictions with potential bail cancellation for violation.

Contentions of Respondents

The Public Prosecutor opposed bail, highlighting the seriousness of the offences, involving minor victims under POCSO and IPC, with an ongoing investigation and risk of interference or witness tampering. The State contends that bail could undermine the investigation and endanger victims, warranting continued custody or more restrictive conditions.

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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`**