Renewal Is Not Extension Unless Terms Are Fixed in Same Deed: Bombay High Court Strikes Down ₹64.75 Lakh Stamp Duty Demand on Nine-Year Lease Fraud Vitiates All Solemn Acts—Appointment Void Ab Initio Even After 27 Years: Allahabad High Court Litigants Cannot Be Penalised For Attending Criminal Proceedings Listed On Same Day: Delhi High Court Restores Civil Suit Dismissed For Default Limited Permissive Use Confers No Right to Expand Trademark Beyond Agreed Territories: Bombay High Court Enforces Consent Decree in ‘New Indian Express’ Trademark Dispute Assam Rifles Not Entitled to Parity with Indian Army Merely Due to Similar Duties: Delhi High Court Dismisses Equal Pay Petition Conspiracy Cannot Be Presumed from Illicit Relationship: Bombay High Court Acquits Wife, Affirms Conviction of Paramour in Murder Case Bail in NDPS Commercial Quantity Cases Cannot Be Granted Without Satisfying Twin Conditions of Section 37: Delhi High Court Cancels Bail Orders Terming Them ‘Perversely Illegal’ Article 21 Rights Not Absolute In Cases Threatening National Security: Supreme Court Sets Aside Bail Granted In Jnaneshwari Express Derailment Case A Computer Programme That Solves a Technical Problem Is Not Barred Under Section 3(k): Madras High Court Allows Patent for Software-Based Data Lineage System Premature Auction Without 30-Day Redemption Violates Section 176 and Bank’s Own Terms: Orissa High Court Quashes Canara Bank’s Gold Loan Sale Courts Can’t Stall Climate-Resilient Public Projects: Madras High Court Lifts Status Quo on Eco Park, Pond Works at Race Club Land No Cross-Examination, No Conviction: Gujarat High Court Quashes Customs Penalty for Violating Principles of Natural Justice ITAT Was Wrong in Disregarding Statements Under Oath, But Additions Unsustainable Without Corroborative Evidence: Madras High Court Deduction Theory Under Old Land Acquisition Law Has No Place Under 2013 Act: Punjab & Haryana High Court Enhances Compensation for Metro Land Acquisition UIT Cannot Turn Around After Issuing Pattas, It's Estopped Now: Rajasthan High Court Private Doctor’s Widow Eligible for COVID Insurance if Duty Proven: Supreme Court Rebukes Narrow Interpretation of COVID-Era Orders Smaller Benches Cannot Override Constitution Bench Authority Under The Guise Of Clarification: Supreme Court Criticises Judicial Indiscipline Public Premises Act, 1971 | PP Act Overrides State Rent Control Laws for All Tenancies; Suhas Pophale Overruled: Supreme Court Court Has No Power To Reduce Sentence Below Statutory Minimum Under NDPS Act: Supreme Court Denies Relief To Young Mother Convicted With 23.5 kg Ganja Non-Compliance With Section 52-A Is Not Per Se Fatal: Supreme Court Clarifies Law On Sampling Procedure Under NDPS Act MBA Degree Doesn’t Feed the Stomach: Delhi High Court Says Wife’s Qualification No Ground to Deny Maintenance

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

07 May 2024 8:19 AM

By: Admin


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

Latest Legal News