Melvin Thomas vs State Of Kerala

Sophy Thomas, J

This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, filed by the sole accused in Crime No.99 of 2024 of Vellikulangara Police Station, Thrissur, registered under Section 342 of IPC, Section 8 r/w 7 of the Protection of Children from Sexual Offences Act, 2012 and 75 of Juvenile Justice (Care and Protection of Children) Act, 2015.

The prosecution allegation is that, in June 2023, the petitioner who is a teacher of the victim boy- a student of 8th standard, sexually assaulted him by touching his private parts.

Heard learned counsel for the petitioner and learned Public Prosecutor.

Learned Public Prosecutor opposed the bail application.

Learned counsel for the petitioner would submit that, the victim boy got Transfer Certificate from Vimala Higher Secondary School, Vellikulangara, and got admission in another School. Thereafter, his brother who was studying in 10th standard in Vimala school was harassed by teachers and so he applied for exemption from attending class, which was rejected by the Principal and management of that school. So he approached the District Education Officer, and obtained exemption from attending class. Since some of the teachers were against such exemption granted to the brother of the petitioner, father of the victim who was working abroad, abused and caused annoyance to the teachers and so, police complaints were preferred by the Headmaster and other teachers, which are produced as Annexures C, E and G. According to the petitioner, due to the enmity that the teachers filed complaint against the father of the victim on 5/2/2024, a false complaint was registered against the petitioner at the instance of the victim boy on 9/2/2024.

On going through the statement given by the victim boy there are indications to see that, only after the incident of sexual assault on the victim boy by the petitioner in June 2023, he obtained transfer from that school, in September 2023. Thereafter, his brother who was continuing in the school from where the victim obtained TC, was harassed by the teachers, and so he got sanction from DEO for exemption from attending the class, till he writes SSLC examination. When the school authorities threatened the brother of the victim that, he will not be permitted to write the exam, his family decided to lodge a complaint, including the sexual harassment meted out to the victim by the petitioner.

Considering the nature of allegations levelled against the petitioner, and the stage of investigation which has progressed substantially, this Court is of the view that, custodial interrogation of the petitioner is not necessary, for the purpose of investigation. So this Court is inclined to allow this petition on the following terms:-

(i) The petitioner is directed to surrender before the investigating officer on or before 7/3/2024 and subject himself for interrogation. The investigating officer shall interrogate him to collect all materials and evidence relevant for the purpose of investigation.

(ii) In the event of arrest, the petitioner shall be released on bail on executing bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer.

(iii) Thereafter the petitioner shall appear before the investigating officer on alternate Saturdays starting from 16/3/2024 between 10.00 am to 11.00 am, for a period of three months or till the final report is filed whichever is earlier.

(iv). The petitioner shall not try to contact the victim or his family members and shall not cause any kind of harassment to them, directly or indirectly.

(v). The petitioner shall not influence or intimidate the witnesses or tamper with the investigation.

(vi). The petitioner has to surrender his passport before the arresting officer at the time of executing bond and if he is not having a passport, he has to file an affidavit to that effect.

(vii). The petitioner shall not leave the limits of State of Kerala without getting prior sanction from the trial court.

(viii). The petitioner shall not commit any offence while on bail. (ix). In case of violation of any of these conditions, the trial court is empowered to cancel his bail, in accordance with law.