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Synopsis

The Bombay High Court has rejected the pre-arrest bail petitions of the principal and secretary of the school in Badlapur, where two minors were allegedly sexually assaulted.

A single-judge bench of the high court, comprising Justice RN Laddha, heard the petitions today and rejected them, observing that the victims would likely suffer long-lasting, irreparable psychological scars.

“Considering that the victims are minors, the trauma they have endeared will have a profound impact on their adolescent years, leaving long-lasting and irreparable psychological scars. The applicants hold important positions in the school where the unfortunate incident took place, thus there are chances that they tamper the evidence and pressurise the witnesses, who are employees of the school,” Justice Laddha said.

The principal and the secretary of the school approached the Bombay High Court after their pre-arrest bail application was rejected by the sessions court, which noted that the offence was cognizable.

Both individuals had absconded after being booked for failing to report the case of sexual abuse in their school to the police. They were charged under Sections 19 and 21 of the POCSO Act, which imposes a statutory obligation to report such cases.

The counsel representing the principal and secretary argued that the punishment for the offence was only one year, making it a bailable offence. They also pointed out the delay in lodging the FIR and stated that even after the incident, the minors continued attending the school, including participating in the flag-hoisting ceremony on August 15.

The counsel representing the victim submitted that the delay in filing the FIR occurred because the Badlapur Police decided to conduct a preliminary inquiry, and the victims were taken to both private and public hospitals for medical examination.

Public Prosecutor Hiten Venegaonkar argued that if the offence were bailable, an application for anticipatory bail would not be applicable. He further submitted that both applicants were absconding, evading arrest, and not cooperating with the investigating agencies.

The bench while rejecting the applications said, “There is prima facie material indicating that the guardians voiced their concerns to the principal and other staff members on the day of the incident. There is material that applicants were aware of incidents before August 16 and despite having knowledge the incidents were not reported to special juvenile police or local police. Additionally, there are suspicions regarding digital evidence provided by school authorities as the footage from the day of the incident is missing,” the order reads.

Therefore, the high court rejected the pre arrest bail applications.