Bechu Kurian Thomas, J
1. The appellant is the accused in Crime No.251 of 2024 of Mala Police Station, Thrissur. He challenges the order rejecting his application for bail in Crl.M.P.No.4567 of 2024 on the files of the Additional Sessions Court-I, Thrissur.
2. The prosecution alleges that during the Onam examination in the year 2023, the accused, who was the teacher in the school where the minor victim was studying, sat near her and fondled her hand with sexual intent and thereby committed the offences under Sections 354A(1)(i) of the Indian Penal Code, 1860, Section 8 r/w Section 7, Section 10 r/w Section 9(f) of the Protection of Children from Sexual Offences Act, 2012 apart from Section 3(1) (w)(i) and Section 3(2)(Va) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989. The appellant was taken into custody on 08.07.2024 and his application for regular bail was dismissed by the impugned order dated 02.08.2024.
3. After this appeal came up for consideration, the learned Public Prosecutor was requested to ensure that notice to the victim was served through the Station House Officer concerned. The learned Public Prosecutor has informed the Court that notice to the victim has already been served on 11.08.2024. Despite service of notice on the victim, there is no appearance.
4. A perusal of the allegations raised against the appellant, as revealed from the impugned order indicates that, during the Onam examination in 2023, the accused who is a teacher is alleged to have held the hand of the victim girl with sexual intent and thereby committed the offences alleged. As the learned Public Prosecutor submitted that investigation has already been completed and the final report filed, and the accused has been in custody for the last more than 35 days, I am satisfied that the appellant can be released on bail on conditions.
5. Accordingly, this appeal is allowed by setting aside the impugned order. The appellant is released on bail on the following conditions :-
1. The appellant shall execute a bond for Rs.50,000/-(Rupees Fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Assistant Sessions Court-I, Thrissur.
2. The appellant shall appear before the trial court as and when required and participate in the trial without default.
3. The appellant shall not influence the witnesses or tamper with the evidence in the case.
The Criminal Appeal is allowed as above.
