XXXXXXXXXX vs State Of Kerala

Dr. Kauser Edappagath, J

These are the second bail applications filed under Section 439 of the Code of Criminal Procedure seeking regular bail.

The accused in all the bail applications is one and the same. The applicant is the sole accused in Crime Nos. 881, 883 & 889 of 2023 of Njarakkal Police Station. In Crime No. 881/2023, the offences alleged are punishable under Sections 4(2), 3(C), 6, 5(f), (l) (p), 8, 7, 10, 9(f), (l) (p) of the Protection of Children from Sexual Offences Act, 2012. In Crime No. 883/2023, the offences alleged are punishable under Sections 4(2), 3(c), 6, 5(f), 5(l), 7, 10 read with 9(l) of the Protection of Children from Sexual Offences Act, 2012. In Crime No. 889/2023, the offences alleged are punishable under Sections 7, 8, 9, 9(f), 9(p) and 9(o) read with 10 of POCSO Act.

The prosecution case in short is as follows:

The accused is an Instructor (Ustad) of the Madrassa attached with Masjidul Malik Masjid, Kaloor. The victims are his students. The allegation in Crime No.881/2023 is that the accused sexually abused the victim at the bedroom of the child by kissing and hugging him and also pressing and shaking his penis. It is also alleged that the accused forced the victim to shake his penis. The allegation in Crime No.883/2023 is that the accused committed penetrative sexual assault on a boy aged 13 years staying in the hostel. The allegation in Crime No.889/2023 is that the accused sexually abused a child who is also an inmate in the hostel on 11.08.2023 at 10.30 p.m in the hostel room by fondling the buttocks of the child and touching his penis on his backside.

I have heard Sri. Samsudin Panolan, the learned counsel for the applicant and Sri. Sanal P. Raj, the learned Public Prosecutor.

The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

The applicant was arrested on 6.9.2023 and since then he is in judicial custody. The investigation is over and final report has already been filed. Hence, I am of the view that further detention of the applicant is not necessary.

In the result, the applications are allowed on the following conditions:

(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court in each case.

(ii) The applicant shall not commit any offence of a like nature while on bail.

(iii) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(iv) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(v) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.