The petitioner is the accused in Crime No.499/2014 of Neyyattinkara Police Station, Thiruvananthapuram District. Offences alleged are under sections 9(f) r/w 10 of POCSO Act and section 23 of Juvenile Justice (Care & Protection of Children) Act. Apprehending arrest, this petition is filed for anticipatory bail.
2. The victim girl is studying in the 2nd standard. The petitioner is the Head Master of the school. The allegation is that the petitioner sexually assaulted the minor girl.
3. The learned counsel for the petitioner submits that it is actually a false case. In order to ascertain the correctness of the allegation, the statement of the victim girl and two witnesses were recorded by the learned Magistrate under section 164 of Cr.P.C. The statement given by the victim girl would show that the accused had fondled her
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lower abdomen and other parts of the body.
4. The learned counsel for the petitioner submits that it is actually a tutored version. The learned counsel further submits that in all probabilities, the girl might have been tutored to give such a statement. Statements of the mother of the victim and another witness were also recorded by the learned Magistrate.
5. Considering the gravity of the offence, I am not inclined to grant anticipatory bail to the petitioner. This application is hence dismissed.
The petitioner can surrender before the learned Magistrate and raise all his contentions before the learned Magistrate. The learned Magistrate will dispose of his bail application in accordance with law without delay.
Sd/-
N.K. BALAKRISHNAN, JUDGE The word “Magistrate” occurring in the fourth line of paragraph 3, sixth line of paragraph 4 and second and third lines of the last paragraph of the order dated 23.05.2014 in B.A.2576/2014 is corrected and substituted as “Sessions Judge (Special Judge under POCSO Act)”, vide order dated 05/06/2014 in Crl.M.A.5140/2014 in B.A.2576/2014.
Sd/- Registrar (Judicial) jjj