Kerala High Court Grants Bail To Tuition Teacher Accused Of Sexually Assaulting Minor Boy For 8 Years

The Kerala High Court on Wednesday released on bail a man accused of sexually assaulting his student over a span of eight years, finding that he had been in judicial custody for over a month. 

Justice Bechu Kurian Thomas observed that although prima facie there was evidence showing that the petitioner was involved in the crime, his continued incarceration was not necessary for the case.

"A perusal of the case diary reveals that prima facie, there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 21.06.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail."

The prosecution case was that over a span of eight years, from 2014 to 2022, the petitioner, who is a tuition teacher, sexually assaulted his minor student at various locations including the bedroom of the petitioner's house and even in the room of a church.

He was thereby booked under Section 323 r/w Section 506(i) of the Indian Penal Code and Section 8 r/w Section 7, Section 10 r/w Sections 9(f), 9(l) and 9(m) of the Protection of Children from Sexual Offences Act (POCSO Act).

Advocate Devy appearing for the petitioner contended that the entire prosecution case is false and that no offences as alleged had taken place. She further pointed out that the boy had attacked the petitioner and he sustained serious injuries, which had to be sutured by 96 stitches and that the complaint is the result of the said incident. It was also submitted that the petitioner was arrested on 21.06.2022.

Public Prosecutor Nima Jacob opposed the grant of bail and submitted that the petitioner has committed a serious crime and that releasing the petitioner on bail at this juncture would cause serious prejudice to the prosecution case as well as the witnesses.

Nevertheless, the Court released the petitioner on bail subject to the following conditions: 

(a) He shall be released on bail on him executing a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) He shall appear before the Investigating Officer as and when required.

(c) He shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or his family members.

(d) He shall not commit any similar offences while he is on bail.

(e) He shall not leave India without the permission of the jurisdictional Court.

The Court clarified that in case of violation of any of these conditions, the jurisdictional Court was empowered to consider cancellation of bail if any sought for, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.

Case Title: XXX v. State of Kerala 

Citation: 2022 LiveLaw (Ker) 387

Click Here To Read/Download The Order