NASSAR V.H. Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed by the applicant under section 438 of the Code of Criminal Procedure, 1973 seeking anticipatory bail in connection with the FIR, being Crime No.1106 of 2018 registered with Central Police Station, Ernakulam, for offence punishable under Sections 348, 323, 506, 354 of the IPC and Sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012.

(2.) The informant in the instant case is a minor girl aged 17 years. The applicant is an Assistant Sub Inspector of Police attached to the Thalayoparambu Police Station. He is a distant relative of the victim. On 28.4.2018, the victim had gone to a coaching centre by name "ALSIAS Coaching Centre" situated at Pulleppady for attending classes. While the victim entered the lift to go to the floor where the institute functions, the applicant joined her. When the lift started moving the applicant is alleged to have groped her on her breasts and abdomen and kissed her. She screamed and the applicant pushed her against the wall of the lift to silence her. She was threatened that she would be done away with if she raised her voice. He again repeated the same acts. When the lift reached the 4th floor, the victim managed to get out of the lift. She disclosed the incident to her class mate. After she had seen the applicant leave the premises, she also left the institute. The victim disclosed the incident to her parents on the next day and later a complaint was lodged.

(3.) The learned Senior Counsel appearing for the applicant would very forcefully contend that the applicant has been roped in due to a long standing feud between the families. According to the learned Senior Counsel, there are numerous inconsistencies in her version making it grossly unreliable. The son of the applicant is also a student of the said institute. He was undergoing treatment in the Alpha Hospital, Kochi for nasal obstruction. In order to take his son to the hospital, the applicant had also gone to the Institute and he had waited outside. The allegation of sexual abuse is cooked up and false is the submission. It is pointed out that though the incident had allegedly taken place on 28.4.2018, the law was set in motion only on 30.4.2018. The delay would clearly throw serious doubts on her credibility.