JAYAN B. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein seeks pre-arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest and custodial harassment in connection with Crime No.60 of 2016 of the Kallambalam Police Station, registered under Sections 7 and 8 of the Protection of Children from Sexual Offences Act. He is the sole accused in the crime.

(2.) The victim offence in this case is a girl aged 14 years. The petitioner herein is the Office Attendant in the school wherein she studies. The complaint filed by her mother in this case shows that despite some attempts made by her to avert unpleasant conduct on the body of the accused, he touched on the body of the girl in the presence of her mother. On a reading of the complaint, I find something artificial and suspicious. The genuineness of the allegations of sexual harassment will have to be examined during trial. In the present circumstances where things are to an extent suspicious, I feel it appropriate to grant bail to the petitioner. During this proceedings notice was issued to the complainant many times. Atlast, she received the notice. Despite notice she did not turn up. Interrogation of the petitioner in custody is not felt necessary in the above circumstances. It would suffice that the petitioner is directed to report before the Investigating Officer periodically.