IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 Bail Appl..No. 4161 of 2010() ----------------------------- (CRIME NO.899/2010 OF KOCHI KASABA POLICE STATION, PALLURUTHY, ERNAKULAM) PETITIONER -------------------- BR.ANTONY THAREPARAMBIL, MANAGING TRUSTEE KRIPALAYAM,ASSISI CHARITABLE TRUST, REG.NO.682/N/2003,KUMBALANGHI,POOPARAKUNNU, KOCHI. BY ADV. SRI.S.SREEKUMAR RESPONDENT(S): --------------- STATE OF KERALA REPRESETNED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.4161 OF 2010 -------------------------------- Dated this the 26th day of July 2010 ORDER This petition is for bail. 2. The alleged offences are under Sections 377 of IPC and Section 23 of Juvenile Justice Act 1986. According to prosecution, petitioner is the managing director of an institution by name “Kripalayam” run by Assisi Charitable Trust, where the financially backward children are being taken care of. Foreign fund was given for running the institution which provides for residential and educational facilities to children hailing from poor families. Petitioner sexually harassed the inmates of the institution from the year 2005 onwards and it caused mental and physical agony to the minor children. They were subjected to carnal intercourse against the order of nature. 3. Petitioner was arrested on 15/06/2010 and he is in custody for the past 43 days. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. He is engaged in charitable work and there are many students even now continuing in the institution. Petitioner is devoted to uplifting of the poor and needy. But, a compliant is lodged by an employee who was sent out of the institution. A foreign lady who was giving financial aid to the running of the institution was asked by B.A No.3063 OF 2010 2 petitioner to stop giving publication through internet since she was found collecting amounts in the name of petitioner's institution. That lady was misusing the name of the institution and collecting huge amount of money in its name. The said lady was introduced to petitioner by one Dr. Stella who is working in Lourdes Hospital. 4. Annexure A1 and A2 are the copy of emails sent to the foreign lady which will show that she was asked to stop collecting funds in the name of petitioner's institution. Since Dr.Stella had introduced the foreign lady to petitioner and notices were issued to the foreign lady, two children who were sent out of the institution were made to speak against petitioner. The allegations made against petitioner are absolutely false and these are made only at the instance of Dr.Stella. No such incident happened and there is a long delay in revealing the facts. It is also submitted that the prosecution alleged that another boy also revealed sexual harassment by the petitioner recently, but, the said boy is even now residing with the petitioner's sister. None of the children want to leave the institution. The parents also have no grievance against petitioner or the running of the institution. In the above circumstances, bail may be granted, it is submitted. 5. This petition is strongly opposed. Learned Public Prosecutor submitted that the statements of the boys who were subjected to physical and mental harassment by petitioner are available in the B.A No.3063 OF 2010 3 case diary. Those boys were subjected to unnatural offences. One of the boys had even undergone psychiatric treatment at Lourdes Hospital because of the impact of the offence. Doctor's statements are also available in the case diary. The boy developed some problem because of the sexual assault made on him. It is also submitted that the mothers of the children have also given statements. The children were taken away from the institution because of the petitioner's activities. 6. It is also pointed out that the offence committed is heinous in nature. The children from poor financial back ground who are under the care and protection of petitioner were subjected to this type of sexual harassment and if he is granted bail, it is likely that petitioner will influence the witnesses and it will adversely affect the investigation, it is submitted. On a complaint made by one Xavier Saji indicating that children are subjected to unnatural offences etc, investigation was conducted and it was revealed that the boys who were the inmates of the institution were subjected to unnatural offences. They had not made any complaint because of shame and fear. It is also pointed out that even recently, a boy was subjected to sexual harassment and his statement was also recorded and it is available in the case diary. 7. On hearing both sides and on going through the case diary, I find that the allegations made against petitioner are B.A No.3063 OF 2010 4 serious in nature. It is true that the alleged victims had not given any complaint to the police. But, those were revealed during investigation conducted on the basis of FIR lodged on a statement given by a person who is not related to the boy. It is also revealed from the case diary that one of the boys developed some psychological problems because of the sexual harassment inflicted on him by petitioner. Statement of the doctor is available in the case diary revealing that the said boy had to undergo psychological treatment. 8. It is also revealed that another boy had also made a complaint that he was sexually assaulted by petitioner recently. As pointed out by learned Public Prosecutor, if petitioner is released on bail at this stage, it is likely that he will influence witnesses who are financially poor or tamper with evidence in which event investigation will be affected adversely. I am satisfied that it is not a fit case to grant bail to petitioner at this stage of investigation. I am not dealing with the alleged controversy between petitioner and the foreign lady etc. because as per the allegations in the case diary, the offence is prima facie disclosed, which is relevant at this stage. Petition is dismissed. K.HEMA vdv JUDGE