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Synopsis

The Kerala High Court refused bail to a karate teacher accused of sexually abusing minor girls, ruling that releasing the accused on bail would have a “deleterious impact” on the society. The teacher, in the present case, was arrested and remanded to judicial custody on May 30, 2024, is alleged to have groped the breasts of a minor girl who was studying karate under him in December 2020.

Justice C.S. Dias, presiding over the court, found that not granting bail to the petitioner was justified as he was accused in five crimes of a similar nature, out of which in three cases, the allegation against him was sexually assaulting minor girls, who went to him to study Karate.

The prosecution argued that the accused was an habitual offender with five similar crimes registered against him at the same police station. However, the accused claimed innocence and stated that the investigating officer had implicated him due to previous animosity.

The court noted that granting bail would not only intimidate the victims and witnesses but also send a wrong message to society. Citing several Supreme Court judgments, including Ram Govind Upadhyay v. Sudarshan Singh and Prasanta Kumar Sarkar v. Ashis Chatterjee, to emphasise that bail should not be granted as a matter of course, especially in serious crimes. The court considered factors such as the nature and gravity of the crime, potential punishment, and the accused's character and behaviour.

“On considering the fact that the petitioner has committed a serious crime by outraging the modesty of the victim, that there are prima face materials to substantiate the petitioner’s involvement in the crime…the presumption under Section 29 of the POCSO Act is against him and if the petitioner is enlarged on bail, it would have deleterious impact on the society,” the court stated.

Furthermore, the court recognised the need to prioritise societal concern over individual liberty. Referencing the Supreme court’s ruling in Ash Mohammad v. Shiv Raj Singh @ Lalla Babu & Anr (2012), the court noted : “We may usefully state that when the citizens are scared to lead a peaceful life and this kind of offences usher in an impediment in establishment of orderly society, the duty of the court becomes more pronounced and the burden is heavy.”

As a result, the application for bail was dismissed, with Justice Dias concluding: “I am not satisfied that the petitioner has made out any valid ground to enlarge him on bail. The application is meritless and is only to be dismissed.”

 

Cause Title: XXXXXXXXXX v State of Kerala [BAIL APPL. NO. 6546 OF 2024]