High Court of KeralaSingle Judge2024-01-29Bail granted in all six connected cases on spec...

XXXXXXXXXX v. STATE OF KERALA

Case / Petition Number:BAIL APPL. NO. 272 OF 2024; 274 OF 2024; 275 OF 2024; 276 OF 2024; 277 OF 2024; 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 High Court, after hearing, granted regular bail in all six connected cases (Crimes 1179–1184/2023) on the following terms: (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 limits of Hidayathul Islam School for three months or until investigation ends; (iv) no contact with victims or their families and no influencing or intimidating them; (v) no influence on witnesses and no tampering with investigation; (vi) surrender of passport at the time of bond and affidavit if no passport; (vii) not leaving Kerala without prior trial court sanction; (viii) no commission of any offence while on bail; (ix) if any condition is violated, bail can be cancelled. The order records the six cases and the bail terms as the disposition.
Final Disposition: Bail granted in all six connected cases on specified conditions.

Parties to the Case

Appellants / Petitioners

XXXXXXXXXX

Respondents

STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031.

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 under Section 439 CrPC by a sole accused in six Kozhikode Town Police Station offences (Crimes 1179–1184/2023), involving charges under IPC 354(1)(i) for outraging modesty, the Protection of Children from Sexual Offences Act (Section 10 read with Section 9(f)), and the Juvenile Justice Act (Section 75). The accused, a Drawing Teacher at Himayathul Islam School, is alleged to have sexually assaulted minor girl students in December 2023. The petitions question the timing and manner of the alleged offences, noting that the incident occurred on 12.12.2023 but the complaints were filed only on 18.12.2023 by several victims from a class of about 34 students. Counsel for the petitioner argued that the six alleged acts by a single teacher in a classroom, in the presence of other students, would be improbable, and that ongoing investigation had advanced; the accused had been in judicial custody since 20.12.2023 and should be released on bail with appropriate conditions. The Public Prosecutor opposed bail, emphasising the seriousness of the offences and the need to safeguard victims and witnesses. After hearing, the High Court granted bail in all six cases on terms including bonds of Rs.50,000 with two sureties, regular reporting on Saturdays, school and travel restrictions, non-contact with victims or families, witness protection, surrender of passport, and restrictions on leaving Kerala; a trial-court oversight mechanism was provided to ensure compliance.

Provisions of Law Cited

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

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner submits that although the alleged incident occurred on 12.12.2023, the complaints by all victims were lodged only on 18.12.2023, with a delay of six days. The class comprised about 34 students, including 12 girls in V standard. It is unlikely that the petitioner could have sexually assaulted six girl students in a single day in a classroom in the presence of other students. The petitioner has been in judicial custody since 20.12.2023 and contends that continued detention is not necessary for investigation and that he is ready to abide by appropriate conditions.

Contentions of Respondents

The Public Prosecutor opposed bail, highlighting the gravity of the accusations and the need to protect victims and witnesses. It was urged that investigation is progressing and that there is a risk of tampering or influencing witnesses. The State argued that the allegations involve sexual offences against minor girls and require stringent bail restrictions to ensure a fair trial and safety of victims.

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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`**