'Doubtful That Petitioner Sexually Assaulted Six Girls On The Same Day': Kerala High Court While Granting Bail To Drawing Teacher

The Kerala High Court today allowed a bail petition filed by a drawing teacher accused of assaulting six of his students, stating it is doubtful that the incident took place on the same day. In allowing the petition, Justice Sophy Thomas stated that “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 December 20, 2023 and the investigation has progressed substantially. So this Court is inclined to release the petitioner on bail”. The prosecution submitted that on December 12, 2023, between 11.20 am and 12 noon, the petitioner sexually assaulted the students. In response, the counsel for petitioner submitted that not only was there a delay of six days in reporting the alleged incident but that the accused has been in judicial custody since December 20, 2023 and his continued detention is not required for the purpose of investigation. The court imposed several conditions for bail which included that the petitioner shall not enter the limits of school premises for a period of three months or till the end of the investigation, whichever is earlier. The petitioner was also ordered not to contact the victims or their families, and shall not influence or intimidate them, either directly or indirectly. The petition shall not influence or intimidate the witnesses and shall not tamper with the investigation. The petitioner was charged under Sections 354(1)(i) of IPC (Assault of criminal force to woman with intent to outrage her modesty), Section 10 read with Section 9(f) (aggravated sexual assault) of Protection of Children from Sexual Offences Act and Section 75 (punishment for cruelty to child) of Juvenile Justice (Care and Protection of Children) Act.Counsel for Petitioner: Advocates PK Varghese, MT Sameer, KR Arun Krishnan, Dhanesh V Madhavan, Jerry Mathew and Reghu SreedharanCounsel for Respondents: Advocates Public Prosecutor Vipin NarayanCitation: 2024 LiveLaw (Ker) 75Case Title: XXX v. State of KeralaCase Number: Bail Appl. No. 272 of 2024Click here to Read/Download Order

'Doubtful That Petitioner Sexually Assaulted Six Girls On The Same Day': Kerala High Court While Granting Bail To Drawing Teacher

Rubayya Tasneem

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