Doubtful Allegations' and Delayed Complaint – Kerala High Court Grants Bail to Teacher in Sexual Assault Cases

In a significant ruling, the Kerala High Court, presided over by the Honorable Mrs. Justice Sophy Thomas, has granted bail to a drawing teacher accused of sexually assaulting his minor students. The decision pertains to six different cases registered under various sections including the Indian Penal Code, the Protection of Children from Sexual Offences Act, and the Juvenile Justice Act.

Justice Thomas, in her ruling, highlighted several critical points that led to the decision. "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 judge observed. This observation was made in the context of the prosecution's allegation that the assaults occurred within a short timeframe on 12th December 2023, between 11:20 AM and 12:00 Noon.

The teacher, employed at Himayathul Islam School, faced accusations of outraging the modesty of his students by inappropriately touching them. However, the defense argued that the alleged incident's occurrence in a classroom setting with other students present casts doubt on the feasibility of such an act. Furthermore, the defense highlighted the delay in filing the complaints, which came six days after the alleged incident.

Taking these factors into consideration, Justice Thomas opined that the continued detention of the petitioner was not necessary for the investigation's progress. The court, thus, inclined towards granting bail with specific conditions. These include the execution of separate bonds of Rs. 50,000 with two solvent sureties for each case, reporting to the investigating officer on alternate Saturdays, refraining from entering the school premises, and not contacting or influencing the victims or witnesses.

Date of Decision: 29 JANUARY 2024

Xxxxxxx VS STATE OF KERALA