Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR TUESDAY, THE 25TH DAY OF APRIL 2023 / 5TH VAISAKHA, 1945 CRIME NO.515 OF 2023 OF THRIKKAKARA POLICE STATION PETITIONER: XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX BY ADVS. P.S.ANISHAD LIMNA BHASKARAN RESPONDENT/COMPLAINANT: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA - 682 031. BY SMT SEETHS S, SR.PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, 1973.
2. The petitioner is the accused in Crime No.515 of
2023 of Thrikkakara Police station, although the petitioner stated in the bail application that she was not arrayed as an accused in any crime, but she apprehends arrest in a non- bailable offence.
3. The learned Public Prosecutor placed on record the
report of the Sub Inspector of Police, Thrikkakara Police Station, producing therewith a copy of F.I.R in Crime No.515 of 2023 of that police station. The offence alleged in the said crime is one punishable under Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
4. It is alleged that the petitioner ridiculed the victim
child aged only 11 years in the presence of his classmates inside the classroom. The petitioner is a teacher of Std.VA in S.N.U.P.School, Kangarapady and the victim child is a student in that class.
5. Having heard the learned counsel appearing for the
petitioner and also the learned Public Prosecutor, I am of the view that this is a case where the detention of the petitioner is absolutely unnecessary for the furtherance of the investigation of the said crime. Since she is the teacher, her arrest and detention for such an offence is against the interest of justice also. In such circumstances, I am of the view that this application is liable to be allowed.
6. Accordingly, this bail application is allowed. The
petitioner shall be released on bail in the event of her arrest on her executing a bond for Rs.25,000/- (Rupees twenty five thousand only), with two solvent sureties for the like amount each, to the satisfaction of the investigating officer, and on the following conditions:
(i) She shall not influence or intimidate witnesses or tamper with evidence;
(ii) She shall appear before the investigating officer as and when called for; and
(iii) During the bail period, she shall not get
involved in any offence. In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court. Sd/- P.G. AJITHKUMAR, JUDGE DK