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BECHU KURIAN THOMAS
... ... – Appellant
Versus
State of Kerala, Represented By Public Prosecutor – Respondent
ORDER :
Is section 21 of the Protection of Children from Sexual Offences Act, 2012 bailable or non-bailable? The said question arises for consideration in this application for anticipatory bail filed under section 438 of the Code of Criminal Procedure, 1973.
2. Petitioners are accused 2 to 4 in Crime No.425 of 2022 of Cheruthuruthi Police Station. Initially, there was only one accused against whom offences punishable under sections 376(2)(n) and 376AB of the Indian Penal Code, 1860, apart from sections 4, 3(b), 3(d), 6(1), 5(f), 5(l) and 5(m) of the Protection of Children from Sexual Offences Act, 2012 (for short 'the POCSO Act') are alleged. Later, an additional report was filed, arraying petitioners as accused 2 to 4, after including section 21 of the POCSO Act as committed by them
3. Prosecution alleges that in the month of May 2022, the first accused took the victim, aged 9 years, to the bathroom of a Yathimkhana, and sexually assaulted the minor girl by sucking and inserting his finger into her private parts and repeated the offensive conduct on many days. Petitioners are alleged
Point of Law : Section 2(a) of Cr.P.C. defines bailable offence as "an offence which is shown as bailable in First Schedule, or which is made bailable by any other law for time being in force."
Bail – A person cannot be detained in custody without sanction of law – In a case for commission of bailable offence, accused has fundamental right to be released on bail.
Denial of bail for a bailable offence violates personal liberty protected under Article 21, affirming the fundamental right to bail.
Bail Application - Offence of sexual assault - Mere non-filing of charge sheet cannot be a ground for rejection of the bail, especially when no evidence has been brought on record to keep accused beh....
.
Mandatory reporting of offences under the POCSO Act is crucial, and failure to report is punishable, emphasizing the seriousness of non-compliance.
Section 12 of POCSO stipulates that whoever commits sexual harassment upon a child shall be punished with imprisonment which may extend to three years.
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