Kerala High Court · 2024

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH WEDNESDAY, THE 10TH DAY OF JANUARY 2024 / 20TH POUSHA, 1945 BAIL APPL. NO. 11352 OF 2023 CRIME NO.883/2023 OF Narakkal Police Station, Ernakulam Bail Appl. 10233/2023 OF HIGH COURT OF KERALA PETITIONER/ACCUSED: XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX BY ADV P.SAMSUDIN RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 PP-SANAL.P.RAJ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

10.01.2024, ALONG WITH Bail Appl..11350/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.Nos.11350, 11352 & 11354 of 2023 -:3:- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH WEDNESDAY, THE 10TH DAY OF JANUARY 2024 / 20TH POUSHA, 1945 BAIL APPL. NO. 11354 OF 2023 CRIME NO.889/2023 OF Narakkal Police Station, Ernakulam Bail Appl. 10235/2023 OF HIGH COURT OF KERALA PETITIONER/ACCUSED: XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX BY ADV P.SAMSUDIN RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 PP-SANAL.P.RAJ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

10.01.2024, ALONG WITH Bail Appl..11350/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.Nos.11350, 11352 & 11354 of 2023 -:4:- O R D E R Dated this the 10th day of January, 2024 These are the second bail applications filed under Section 439 of the Code of Criminal Procedure seeking regular bail.

2. The accused in all the bail applications is one and the same. The applicant is the sole accused in Crime Nos. 881, 883 & 889 of 2023 of Njarakkal Police Station. In Crime No. 881/2023, the offences alleged are punishable under Sections 4(2), 3(C), 6, 5(f), (l) (p), 8, 7, 10, 9(f), (l) (p) of the Protection of Children from Sexual Offences Act, 2012. In Crime No. 883/2023, the offences alleged are punishable under Sections 4(2), 3(c), 6, 5(f), 5(l), 7, 10 read with 9(l) of the Protection of Children from Sexual Offences Act, 2012. In Crime No. 889/2023, the offences alleged are punishable under Sections 7, 8, 9, 9(f), 9(p) and 9(o) read with 10 of POCSO Act.

3. The prosecution case in short is as follows: The accused is an Instructor (Ustad) of the Madrassa attached B.A.Nos.11350, 11352 & 11354 of 2023 -:5:- with Masjidul Malik Masjid, Kaloor. The victims are his students. The allegation in Crime No.881/2023 is that the accused sexually abused the victim at the bedroom of the child by kissing and hugging him and also pressing and shaking his penis. It is also alleged that the accused forced the victim to shake his penis. The allegation in Crime No.883/2023 is that the accused committed penetrative sexual assault on a boy aged 13 years staying in the hostel. The allegation in Crime No.889/2023 is that the accused sexually abused a child who is also an inmate in the hostel on

11.08.2023 at 10.30 p.m in the hostel room by fondling the buttocks of the child and touching his penis on his backside.

4. I have heard Sri. Samsudin Panolan, the learned counsel for the applicant and Sri. Sanal P. Raj, the learned Public Prosecutor.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. On the other hand, the learned Public B.A.Nos.11350, 11352 & 11354 of 2023 -:6:- Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

6. The applicant was arrested on 6.9.2023 and since then he is in judicial custody. The investigation is over and final report has already been filed. Hence, I am of the view that further detention of the applicant is not necessary. In the result, the applications are allowed on the following conditions: (i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court in each case. (ii) The applicant shall not commit any offence of a like nature while on bail. (iii) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation. B.A.Nos.11350, 11352 & 11354 of 2023 -:7:- (iv) The applicant shall not leave the State of Kerala without the permission of the trial Court. (v) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court. sd/- DR. KAUSER EDAPPAGATH JUDGE B.A.Nos.11350, 11352 & 11354 of 2023 -:8:- APPENDIX OF BAIL APPL. 11352/2023 PETITIONER ANNEXURES Annexure -A1 Annexure -A2 TRUE COPY OF THE ORDER DATED 05-10-2023 IN CMP 663/2023 OF THE ADDL. DISTRICT AND SESSIONS COURT ERNAKULAM TRUE COPY OF ORDER DATED 06-11-2023 IN CMP NO. 825/2023 OF THE ADDL. DISTRICT AND SESSIONS COURT ERNAKULAM Annexure -A3 TRUE COPY OF ORDER DATED 01-12-2023 IN BAIL APPL.10233/2023 ON HIGH COURT B.A.Nos.11350, 11352 & 11354 of 2023 -:9:- APPENDIX OF BAIL APPL. 11354/2023 PETITIONER ANNEXURES Annexure -A1 Annexure -A2 TRUE COPY OF THE ORDER DATED 05-10-2023 IN CMP 663/2023 OF THE ADDL. DISTRICT AND SESSIONS COURT ERNAKULAM TRUE COPY OF ORDER DATED 06-11-2023 IN CMP NO. 826/2023 OF THE ADDL. DISTRICT AND SESSIONS COURT ERNAKULAM Annexure -A3 TRUE COPY OF ORDER DATED 01-12-2023 IN BAIL APPL.10235/2023 ON HIGH COURT B.A.Nos.11350, 11352 & 11354 of 2023 -:10:- APPENDIX OF BAIL APPL. 11350/2023 PETITIONER ANNEXURES Annexure -A1 Annexure -A2 TRUE COPY OF THE ORDER DATED 05-10-2023 IN CMP 660/2023 OF THE ADDL. DISTRICT AND SESSIONS COURT ERNAKULAM TRUE COPY OF ORDER DATED 06-11-2023 IN CMP NO. 823/2023 OF THE ADDL. DISTRICT AND SESSIONS COURT ERNAKULAM Annexure -A3 TRUE COPY OF ORDER DATED 01-12-2023 IN BAIL APPL.10230/2023 ON HIGH COURT