IMPORTANT POINT
The severity of allegations and the necessity of custodial interrogation are crucial factors in determining the grant of anticipatory bail.

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 allegation is that, after saying words with sexual overtures the accused attempted to caught hold on the victim and she saved herself. Thereafter, the other girl students, who were outside the tuition centre brought boy students and thereby she escaped. Further, it is stated in the FIS that, prior to 06.03.2024, as on 01.03.2024 also at about 9.30 am, while the victim was getting out of the class during interval, the accused fondled on her breast and he repeatedly said that he would kiss the victim.

5. While canvasing anticipatory bail to the petitioner, the learned Senior counsel argued at that the accused is innocent and the allegations are false. He read out the FIS in detail and pointed out that the petitioner/accused has been running tuition centre for the last 38 years and no such instance reported prior to this. He also would submit that going by the allegations, even other wise, no serious overt acts at the instance of the petitioner alleged by the prosecution warranting detention of the petitioner. Therefore, the learned Senior counsel pressed for grant of anticipatory bail with offer to co-operate with the investigation.

6. The learned counsel for the defacto complainant zealously opposed grant of anticipatory bail to the accused and submitted that going by the allegations in the FIS the prosecution allegation is well made out wherein arrest and custodial interrogation of the accused are necessary to accomplish meaningful investigation. He also pointed out that since the occurrence affected the moral of the victim, the sexual assault was reported on the date of occurrence itself before the Police and crime also registered forthwith. Therefore, grant of anticipatory bail to the petitioner, who alleged to have committed very serious offences would be fatal to the interest of the victim also.

7. The learned Public Prosecutor shared the arguments of the learned counsel for the defacto complainant, while opposing bail on the submission that materials are in abundance to see commission of offences by the accused, prima facie.

8. The learned counsel for the defacto complainant placed decision of the Apex Court reported in [2022 SCC OnLine SC 1529] Sumitha Pradeep v. Arum Kumar C.K. and Another and argued that in a case involving similar facts, when this Court granted anticipatory bail to an accused, the matter was challenged before the Apex Court, the Apex Court set aside the order granting anticipatory bail, after referring the order with particular mention, as stated in paragraph Nos. 10 to 16 as under:

10. The High Court, while granting anticipatory bail to the respondent No. 1 herein (original accused), observed in para 9 of the impugned order something which has really disturbed us. Para 9 reads thus:-

"9. With the above principle in mind, when the