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2018 Supreme(Online)(KER) 14931

HIGH COURT OF KERALA
R. NARAYANA PISHARADI, J
DOMINIC A VARKEY – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
SRI.T.MADHU, SMT.C.R.SARADAMANI, SRI.D. CHANDRASENAN

ORDER

This is an application for anticipatory bail filed under Section 438 Cr.P.C.

2. The petitioner is the accused in the case registered as Crime No.565/2017 of the Bedakam Police Station under Section 354 IPC and also under Sections 9(f), 9(l) and 9(m) read with Section 10 of the Protection of Children from Sexual Offences Act, 2012.

3. The petitioner is the teacher of a school. The prosecution case is that he used to caress the private parts of a girl student in the school. The victim girl is aged only nine years.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the case diary.

5. The victim girl is aged only nine years. The case is registered on the basis of the statement given by her to the police. She has narrated to the police the act allegedly committed by the petitioner. In the statement given to the Magistrate under Section 164 Cr.P.C. also, the victim girl has narrated the act allegedly committed by the petitioner. By no stretch of imagination, a girl aged nine years would have given false statements to the police and the Magistrate on account of any enmity towards her teacher. Prima facie, the statements given by her to the police

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