Sexually Assaulting Six Girl Students Of Same Class On Same Day Seems Doubtful: Kerala HC Grants Bail To Drawing Teacher
The Kerala High Court granted bail to a drawing teacher who was accused of allegedly sexually assaulting his students and outraging their modesty by touching their private parts.
The accused had filed multiple bail applications for offences under Sections 354(1)(i) of IPC read with Section 9(f) of Protection of Children from Sexual Offences Act (POCSO), and Section 75 of Juvenile Justice (Care and Protection of Children) Act (JJ Act).
The accused had argued that there was a delay of 6 days in filing the FIR by all the victims from the date of the alleged offence. The accused contended that there were 34 students in the class of which 12 were girls. The accused argues that there was no probability of sexually assaulting six girl students on a single day in presence of other students.
A Sinlge Bench of Justice Sophy Thomas observed, “It is true that there is a delay of six days in making the complaint by the victim girls. Moreover, the allegation that on the same day, the petitioner sexually assaulted six girl students of the same class also seems doubtful. The petitioner is in judicial custody from 20.12.2023 and the investigation has progressed substantially. So this Court is inclined to release the petitioner on bail”
Advocate P.K. Varghese represented the petitioner, while Sr. PP Vipin Narayan appeared for the respondent.
The accused, who was a drawing teacher at a school, had allegedly sexually assaulted 6 of his students and outraged their modesty by touching their private parts. All victims were in the 5th standard.
The Court noted that there was a delay of six days in making the complaint by the victim girls and held that the allegation that on the same day, the petitioner sexually assaulted six girl students of the same class “seemed doubtful.”
The Court remarked that the accused had been in judicial custody for over a month and that “the investigation has progressed substantially.”
Accordingly, the High Court released the accused on bail on executing separate bonds for Rs.50,000.
Additionally, the Court ordered the accused to not enter the limits of the school till the investigation was over and to not contact the victim girls or their family members to influence or intimidate them.
Cause Title: XXXX v. State of Kerala (2024:KER:6046)