Jaleel M.K vs State Of Kerala

This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure.

The petitioner is the sole accused in Crime No.1867 of 2020 of Perumbavoor Police Station registered under Sections 354A of the Indian Penal

Code, Section 9 (f) read with Section 10, Section 11 read with Section 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012

and also under Section 75 of the Juvenile Justice (Care and Protection of Children) Act. The allegation is that on 16.11.2020 around 10.45am, the

accused, who is the teacher of the school where the victim minor girl is studying, sexually assaulted her in the office of the school.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The learned counsel for the petitioner canvassed for granting anticipatory bail to the petitioner on the premise that the victim girl who had gone to

the school for remitting the examination fee, was offended by scolding and then he was only consoling her, that no criminal intention to commit any

offence against the girl can be attributed against the petitioner who is a reputed teacher and the Vice Principal of the School. Whatever it may be,

after hearing counsel on both sides, I am not convinced that the matter can be considered in a lighter way. The petitioner stands accused of a serious

offence against a girl child of the school where he is teaching. Therefore, the petitioner, if so advised, is at liberty to surrender before the investigating

officer within ten days from today. In that event, after interrogation and effecting arrest if necessary, he shall be produced before the court on the

same day; thereafter if the petitioner moves an application for regular bail before the Jurisdictional Magistrate, the application shall be promptly

considered, as per law.

Subject to the above, the application is dismissed.