Hamza P vs State Of Kerala

Raja Vijayaraghavan V, J

The above captioned application seeking anticipatory bail has been filed under Section 438 of the Code of Criminal Procedure ( “Code†for

short) by the accused in Crime No.70 of 2021 of the Nilambur Police Station, registered for the offences punishable under Sections 354A, (1)(i) IPC

and Section 9 (l) 9(p) r/w Section 10 of the Protection of Children from Sexual Offences) Act, 2012 .

The petitioner herein is a teacher in a Govt. Higher Secondary School. He takes computer classes for the senior students. The victim is a child aged

16 years and a student of the petitioner. The allegation in the complaint is that while teaching computers, the petitioner used to stand close to the

student and also used to touch their palm while they handled the mouse. Alleging that the petitioner had touched the palm with sexual intent two

students lodged separate complaints. One such complaint has led to the registration of the instant crime.

The learned counsel appearing for the applicant submits that the act of a teacher accidentally touching the palm of a child while teaching computer

operation will not amount to sexual assault as defined under the Act. According to the learned counsel, the applicant has been rendering service as a

teacher for over twenty years and at no point of time has any similar allegation been raised against him. It is submitted that two students, under some

misconception, have raised complaints of unwelcome overtures and the police, without understanding the ingredients of the offense alleged has

registered the crime against the petitioner.

The learned Public Prosecutor has very opposed the prayer. It is submitted that the investigation is still in the early stages and no definite stand

either way can be taken at this juncture

I have considered the submissions and have carefully evaluated the records. The records reveal that the petitioner is a teacher with unblemished

service. Sexual assault has been defined as an act whereby, any person with sexual intent, touches the vagina, penis, anus or breast of the child or

makes the child touch the vagina, penis, anus or breast of such person or any other person, with sexual intent which involves physical contact without

penetration . In the case on hand the allegation against the petitioner is that while imparting computer education, the petitioner touched the palm of the

student. The alleged incident had taken place in a class full of students and no other person has come forward with this complaint. The petitioner is not

reported to be a person with criminal antecedents. Having considered the facts and circumstances, I am of the view that the custodial interrogation of

the petitioner is not necessary for an effective investigation in the instant case.

In the result, this application will stand allowed. The applicant shall appear before the Investigating Officer within ten days from today and shall

undergo interrogation. Thereafter, if he is proposed to be arrested, he shall be released on bail on his executing a bond for a sum of Rs.50,000/-

(Rupees Fifty thousand only) with two solvent sureties each for the like sum. The above order shall be subject to the following conditions:

i) The applicant shall cooperate with the investigation and shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for two months or

till final report is filed, whichever is earlier.

ii) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/ her from

disclosing such facts to the court or to any police officer.

iii) He shall not commit any similar offence while on bail.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and

pass appropriate orders in accordance with the law.