Kerala High Court
Asharaf M vs State Of Kerala
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 10TH DAY OF APRIL 2018 / 20TH CHAITHRA, 1940
Bail Appl. No. 1798 of 2018
------------
(CRIME NO.652/2018 OF ADOOR POLICE STATION, PATHANAMTITTA)
PETITIONER/ACCUSED:
ASHARAF M., AGED 49 YEARS,
S/O. MOHAMMED HANEEFA,
AYSHA COTTAGE, ADIKKATTUKULANGARA
NOORANADU, PALAMEL VILLAGE
MAVELIKARA, ALAPPUZHA DISTRICT- 690 504.
BY ADV.SRI.VIPIN NARAYAN
RESPONDENTS/COMPLAINANT:
1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM- 682 031.
2. SUB INSPECTOR OF POLICE,
ADOOR POLICE STATION,
ADOOR, PATHANAMTHITTA DISTRICT-691 523.
ADDITIONAL RESPONDENTS 3 & 4 IMPLEADED:
3. PUSHPA, AGED 45 YEARS,
W/O. DEVARAJAN, PUSHPALAYAM HOUSE,
THENGAMOM MURI, PALLICKAL VILLAGE,
ADOOR TALUK, PATHANAMTHITTA DISTRICT.
4. DEVIKA, AGED 17 YEARS,
D/O. PUSHPA, PUSHPALAYAM HOUSE,
THENGAMOM MURI, PALLICKAL VILLAGE,
ADOOR TALUK, PATHANAMTHITTA DISTRICT.
(MINOR, REPRESENTED BY HER NEXT FRIEND AND HER MOTHER,
THE FIRST PETITIONER PUSHPA)
(ADDITIONAL RESPONDENTS 3 AND 4 ARE IMPLEADED AS PER ORDER
DATED 10.4.2018 IN CRL.M.A. NO.3354 OF 2018.)
ADDL.R3 BY ADV. SMT.S.SUJINI
R1 & R2 BY SENIOR PUBLIC PROSECUTOR MR. C.N.PRABHAKARAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-04-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RAJA VIJAYARAGHAVAN V., J
==================
B.A. No. 1798 of 2018
==================
Dated this the 10th day of April, 2018
ORDER
1. This petition under Section 438 of the Cr.P.C is preferred by the sole accused in Crime No.652 of 2018 of the Adoor Police Station, registered under Sections 7 & 8 of the Protection of Children from Sexual Offences Act, 2012 and Section 354 of the Indian Penal Code.
2. The petitioner herein is a Principal of the Thengamam Government Higher Secondary School. The victim in the instant case is a Plus Two Commerce student of the school. The specific allegation is that the petitioner used to send whatsapp messages with lascivious contents to the de facto complainant and on one occasion the petitioner caught the hand of the victim child with sexual intent. It is also alleged that on one occasion, when the de facto complainant went for a tour along with her friends, the petitioner misbehaved with her.
3. The learned Senior Counsel appearing for the petitioner submitted that the allegations are without basis. The BA.1798/18 -:2:- petitioner is a disciplinarian and had to chastise the victim on one or two occasions when she indulged in inappropriate behaviour. The learned counsel has also referred to Annexure-A to C affidavits filed by two teaches and the President of the Parent Teacher Association to contend that there is no truth in the allegation.
4. The mother of the de facto complainant has entered appearance through his counsel. The mother has sworn to an affidavit and in paragraph No.4 it has been stated as follows:
b