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TMI Blog2019 (3) TMI 1906X X X X Extracts X X X X X X X X Extracts X X X X ..... only two weeks after the mother received the lawyer notice from the petitioner claiming a huge amount as professional fees. This raises suspicion on the prosecution case against the petitioner. When the victim had disclosed the matter to her mother in July, 2018, one would have expected the mother to report the matter to the authorities concerned much earlier than 22.09.2018. The fact that she reported the matter only after receiving a lawyer notice from the petitioner assumes significance. The statutory presumption under Section 29 of the Act does not mean that the prosecution version has to be accepted as gospel truth in every case. The presumption does not mean that the court cannot take into consideration the special features of a part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... H K.SASI, SRI.M.REVIKRISHNAN, SRI.V.C.SARATH, SRI.VIPIN NARAYAN For the Respondent : SR.PUBLIC PROSECUTOR SRI.T.K.SHAJAHAN ORDER This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'). 2. The petitioner is the accused in the case registered as Crime No.592/2018 of the Nedupuzha Police Station under Sections 7 read with 8, 9(p) read with 10 and 11(iii) read with 12 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'the Act'). 3. The petitioner claims to be a Psychologist. He had conducted psychological therapy to the victim girl, who is aged fourteen years. It is alleged that, during the mo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e application on the ground that the allegations levelled against the petitioner are serious in nature. 7. The investigating officer has recorded the statement of the victim girl. Her statement has also been recorded by the Magistrate concerned under Section 164 of the Code. The sum and substance of the allegations against the petitioner in these statements is that he showed the victim girl video scenes containing obscene contents and that one day, he caught hold of her hand and also made attempt to touch her breast. There is also an allegation that the petitioner sent her a stamp depicting nude photograph and also a letter through another girl. 8. The first information statement would show that when the alleged acts were committed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... port the matter to the authorities concerned much earlier than 22.09.2018. The fact that she reported the matter only after receiving a lawyer notice from the petitioner assumes significance. 10. This court is not oblivious to Section 29 of the Act which contains a legislative mandate that the court shall presume commission of the offences by the accused unless the contrary is proved. Section 29 of the Act states that where a person is prosecuted for committing or abetting or attempting to commit any offence under Sections 3, 5, 7 and 9 of the Act, the Special Court shall presume, that such person has committed or abetted or attempted to commit the offence, as the case may be, unless the contrary is proved. The court shall take into consid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e presumption would get weakened. As held by the Apex Court in Siddharam Satlingappa Mhetre v. State of Maharashtra : AIR 2011 SC 312, frivolity in prosecution should always be considered and in the event of there being some doubt as to the genuineness of the prosecution, in the normal course of events, the accused is entitled to an order of anticipatory bail. No inflexible guidelines or straitjacket formula can be provided for grant or refusal of anticipatory bail. It should necessarily depend on facts and circumstances of each case in consonance with the legislative intention. 12. No doubt, the Act is a landmark legislation to prevent sexual abuse and exploitation of children. The Act intends to protect the children from offences of sexu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f his arrest by the police in Crime No. 592 of 2018 of Nedupuzha Police Station. (2) The petitioner shall appear before the investigating officer between 9 a.m and 11 a.m on all Saturdays for a period of six months from the date of his release on bail or till final report is filed in the case, whichever is earlier. (3) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer. (4) The petitioner shall not, in any manner, influence or intimidate the victim girl or the members of her family or other prosecution witnesses. He shall not in any manner contact or try to c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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