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2024 Supreme(Ker) 480

A. BADHARUDEEN
Prabhakaran P. , S/o. Parameswaran Pillai – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor, High Court Of Kerala – Respondent


Advocates Appeared:
For the Petitioner: P. Vijaya Bhanu, Adithya Rajeev, S. Parvathi, Safa Navas.
For the Respondents: Suresh B.S. (Chirakkara), SR PP - Renjit George.

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The petitioner, a principal accused of sexual assault, filed a petition under Section 438 of the Criminal Procedure Code seeking anticipatory bail. The allegations involve serious sexual offences against a minor student, including attempted sexual contact and fondling (!) (!) (!) .

  2. The prosecution argued that the allegations are prima facie credible and that custodial interrogation of the petitioner is necessary to facilitate a thorough investigation. The seriousness of the charges and the impact on the victim's morale were emphasized as reasons against granting anticipatory bail (!) (!) (!) .

  3. The defense contended that the petitioner is innocent, with no prior allegations against him, and that the offences do not warrant detention. They offered to cooperate with the investigation and argued that the allegations are false (!) .

  4. The court considered the nature and severity of the allegations, the necessity of custodial interrogation, and the impact on the victim. It highlighted that in cases involving serious sexual offences, particularly where the victim is a minor, the court should exercise caution and prioritize the investigation's integrity (!) (!) (!) .

  5. The court emphasized that the mere absence of a requirement for custodial interrogation does not automatically justify granting anticipatory bail. The primary consideration should be the prima facie case, the gravity of the offence, and the legislative intent to protect minors and prevent further harm (!) (!) (!) .

  6. Applying these principles, the court found that the allegations are credible and that arrest and custodial interrogation are necessary for a meaningful investigation. Therefore, the anticipatory bail application was dismissed (!) (!) .

  7. Overall, the decision underscores the importance of safeguarding the interests of minors and the need for thorough investigation in cases involving serious sexual offences, especially when allegations are supported by initial evidence and victim statements.


ORDER :

This is a petition filed under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail and the petitioner is the sole accused in crime No.245/2024 of Parippally Police Station, Kollam.

2. Heard the learned Senior counsel for the petitioner and the learned counsel appearing for the defacto complainant as well as the learned Public Prosecutor. Perused the relevant materials available.

3. The above case has been registered alleging commission of offences punishable u/s. 354A(1)(9i), 354A(1) (ii) and 354 of the Indian Penal Code, Sections 8 r/w 7, 10 r/w 9(f)(p) and 12 r/w 11(i), 11(iv) of the Protection of Children from Sexual Offences Act, 2012 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

4. The prosecution allegation is that on 06.03.2024, the victim who is a 9th standard student of GHS, Chirakkara went for tuition at Atlas Education Centre, Chirakkara at 8.00 am. The accused herein who is the Principal and teacher therein conducted test paper and finished the same at 9.45 am. After finishing the class, the accused called the victim nearby and stated certain words with sexual overtures as stated in the FIS. Further allegat

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