Point of Law: Criminal Trial - Sexual harassment – Detention - Period of detention of petitioner and also taking into consideration of stage of investigation, court view that detention of petitioner is not necessary in this case.

JUDGMENT :

The appellant is the sole accused in Crime No.1441/2020 of Peroorkada Police Station registered for the offences punishable under Sections 354A(1)(i) of IPC, Section 8 r/w 7, 10 r/w 9(I) of the POCSO Act, 2012 and Section 3(1)(w)(i) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015).

2. The prosecution allegation can be briefly stated thus:-

The appellant was the tuition teacher of the victim girl aged 17 years. The appellant committed aggravated sexual assault against the victim twice. The victim belongs to Scheduled Caste community whereas the appellant is not a member of Schedule Caste or Scheduled Tribe.

3. The appellant was arrested on 12.03.2021 and ever since he has been in custody.

4. The appellant filed Crl.M.P.No.296/2021 under Section 439 Cr.P.C. The court below as per the order impugned, dismissed the said application against which this criminal appeal has been filed.

5. Heard.

6. The learned Public Prosecutor has no serious objection in granting bail to the petitioner. The learned Public Prosecutor has submitted that the petitioner is not involved in any other offence of similar nature. It has been further submitted by the learned Public Prosecutor that the major part of the investigation is almost complete.

7. Considering the facts and circumstances of the case, including the submission of the learned Public Prosecutor and the period of detention of the petitioner and also taking into consideration of the stage of the investigation, I am of the view that further detention of the petitioner is not necessary in this case. In the said circumstances, I am inclined to set aside the order impugned and direct the court below to release the petitioner on bail, on his executing a bond for Rs.40,000/- (Rupees Forty thousand only), with two solvent sureties, each for the like sum to the satisfaction of the court below and subject to the following further conditions:-

1. The appellant shall report before the Investigating Officer on every Monday between 9 a.m. and 11 a.m. for two months and thereafter, as and when required by the Investigating Officer for interrogation.

2. The appellant shall not intimidate or influence the witnesses or in any way tamper with the investigation.

3. The appellant shall not enter into the limits of Peroorkada Police Station for a period of three months without the leave of the learned Magistrate except for the purpose of reporting before the Investigating Officer as directed above.

4. The appellant shall not get involved in any other offence during the pendency of this case.

5. The appellant shall co-operate with the investigation.