ASHRAF BAKHAFI Vs. STATE OF KERALA

JUDGEMENT

(1.) Applicant is same in the above two bail applications, the applicant is the accused in two similar crimes. Bail Application No.1885 of 2019 arises out of crime No. 123/2019 of Perambra Police Station, whereas Bail Application No.1887 of 2019 pertains to crime No.122/2019 of the same police station.

(2.) The brief of the allegations in respect of crime No. 123/2019 in relation to B.A.No.1885 of 2019 is that the petitioner is a madrassa teacher and that some time in the month of June 2018, he committed sexual intent has fondled the neck and chest of the CW1 (minor victim boy aged 14 years) and tried to kiss him and had made advances to touch the private part of the minor boy, who had then ran away etc. and the said instants was repeated by the petitioner on a second occasion as well. It appears that the child had later disclosed about the incident to the counselor in the School and later the officials of the child line had intimated to the police twisted to the furnishing of the First Information Statement and the consequent registration of crime on 9.02.2019. Offences alleged in Crime No.123/2019 of Perambara Police Station are those punishable under Sections 7, 8, 11 and 12 of the POCSO Act, 2012.

(3.) The brief of the prosecution case in relation to Crime No.122/2019 of the same Police Station it is in relation to B.A.No.1887/2019, is that on one day in the first week of June 2018, the petitioner, being the madrassa teacher, with sexual intent embraced and kissed CW1, another minor victim boy aged 14 years and caught his private parts over his pants at the resting room attached to the prayer hall of the mosque and that the petitioner had repeated it on subsequent occasions as well. The offences alleged in Crime No.122/2019 are those punishable under Section 9(l) (i) r/w 10 of the POCSO Act, 2012.