SHIHABHUDEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has been arrayed as the sole accused in the instant Crime No.482/2019 of Valiyamala Police Station, Thiruvananthapuram which has been registered for offences punishable under Sections 7, 8, 9f, 9l, 9m, 9p and 10 of the Protection of Children from Sexual Offences Act, 2012, on the basis of the first information statement given by the minor victim girl on 4.9.2019 at 5.20 p.m. in respect of the alleged incidents which happened for the period from 24.8.2019 to 31.8.2019. The petitioner has been arrested in this case on 5.9.2019 and after his remand, has been under detention since then.

(2.) The brief of the prosecution case is that the petitioner/accused, aged 50 years is a teacher in the Madrasa, where the minor victim girl, aged 11 years is studying and that on 24.8.2019 at about 7 a.m., while she was writing in a book in the Madrasa class, the petitioner came there and struck at her buttocks. Later, on 28.8.2019 at about 7 a.m., he had come there and had strongly pressed her right hand and on 31.8.2019 at about 8.30 a.m., when she was alone in the class room, the petitioner had come there and had kissed her and had touched her naval and had pressed her private parts and also touched her abdomen and chest etc. and thereby the petitioner has committed the above said offences.

(3.) The learned counsel for the petitioner would point out that the above said allegations are false and baseless and further that there are no allegations of penetrative sexual assault in this case and that taking into account the fact that he had already suffered detention for the last 57 days, this Court may order to release him on regular bail, subject to stringent conditions. Further, it is also pointed out by Sri.M.R.Sarin, learned counsel appearing for the petitioner that the default period for submission of final report/charge sheet for the offences in this case is outer time limit of sixty days from the date of remand of the accused and even now the investigating agency has not completed the investigation and it is highly unlikely that the investigating officer will final report/charge sheet before the competent Special Court concerned within the next three days, upon which the sixty days time limit will expire, which will entitle the petitioner to release, even otherwise by securing the right of statutory default bail going by the prescriptions contained in proviso to Section 167 (2) of the Cr.P.C. On being queried, the learned Public Prosecutor has submitted that the investigation has not so far been completed and it is common ground that the default period of the submission of the final report/charge sheet for the instant offences is outer time limit of sixty days from the day of the remand of the accused and it appears that the said outer time limit of default period of sixty days in this case will expire within the next three days or so. Taking into account the fact that the petitioner has already suffered detention for the last 57 days and also taking into account that even otherwise the petitioner may be entitled to release on regular bail on the basis of statutory default bail as afore stated, this Court is inclined to order him to release on regular bail subject to stringent conditions.