Accused Of Sexually Assaulting Minor Boy of 8 year Got Bail: Kerala HC

Wednesday, the Kerala High Court released on bail a man accused of sexually assaulting his student over the course of eight years, as he had been in judicial custody for more than a month.

Justice Bechu Kurian Thomas noted that although prima facie evidence suggested that the petitioner was involved in the crime, his continued incarceration was not required in this instance.

"A review of the case diary reveals that, at first glance, there is evidence in the file linking the petitioner to the crime. However, since the petitioner was remanded to judicial custody on June 21, 2022, I believe that the petitioner's continued detention is unnecessary under the circumstances. Consequently, the petitioner has the right to bail."

The prosecution alleged that the petitioner, a private tutor, sexually assaulted a minor student over the course of eight years, from 2014 to 2022, at various locations, including the petitioner's bedroom and a church room.

Consequently, he was charged under Section 323 read with Section 506(i) of the Indian Penal Code and Sections 8 read with Section 7, Section 10 read with Sections 9(f), 9(l), and 9(m) of the Protection of Children from Sexual Offences Act (POCSO Act).

Advocate Devy, representing the petitioner, argued that the entire prosecution case is false and that the alleged offences did not occur. She also noted that the boy had attacked the petitioner, causing him to sustain severe injuries that required 96 sutures, and that the complaint stems from this incident. In addition, it was stated that the petitioner was arrested on June 21, 2022.

Public prosecutor Nima Jacob opposed the granting of bail and argued that the petitioner had committed a serious crime and that his release on bail at this time would cause grave prejudice to the prosecution's case and the witnesses.

Nonetheless, the court granted bail to the petitioner under the following conditions:

(a) He will be released on bail upon execution of a Rs. 50,000 bail bond with two solvent sureties in the same amount, all to the satisfaction of the court with jurisdiction.

(b) He must appear before the Investigating Officer upon request.

c) He may not intimidate or attempt to influence witnesses, tamper with evidence, or make contact with the victim or his family.

d) While on bail, he is prohibited from committing similar crimes.

He may not leave India without the permission of the court with jurisdiction.

The Court clarified that if any of these conditions were violated, the jurisdictional Court was authorised to consider cancellation of bail, if any was requested, and issue appropriate orders in accordance with the law, despite this Court having granted bail.

D.D:26-07-2022

XXX vs. State of Kerala