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2026 DAILYLAW 687 (KER)

Shefeer S/o. Kassali v. State of Kerala

2026-06-09

Kauser Edappagath

body2026
ORDER : KAUSER EDAPPAGATH, J. The subject matter of this bail application concerns the disturbing case of sexual assault that took place at the hostel attached to the Government-run Blind School in Vidyanagar, Kasargode Kasaba Village. 2. The applicant is the accused No. 1 in Crime No.10/2026 of the Vanitha Police Station, Kasargode. He was an employee of the Government Blind School, Vidyanagar, Kasargode. The applicant is a full-time employee working as an FTM (Full-Time Menial), and the accused No. 2 is a temporary employee working as a cook. They are alleged to have committed the offences punishable under Sections 75(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023 (for short, BNS ) and Sections 10 , 9(c), 12 and 11(i) of the Protection of Children from Sexual Offences Act, 2012 (for short, the PoCSO Act). 3. The prosecution case, in short, is that on a day in December, 2025, at the Government Blind School situated at Vidyanagar in Kasargode Kasaba Village, the accused Nos. 1 and 2, in front of the survivor, a 14-year-old visually impaired girl who resides and studies in the said institution, stood in a nude condition and engaged in sexual activity. Thereafter, they threatened the child not to disclose the said incident to anyone. Further, on a day in January 2026, the accused No.1 kissed the hand of the survivor and held her cheek, thereby outraging her modesty, causing humiliation to her and thereby committed the offences. 4. The applicant was arrested and remanded to custody on 10/3/2026. The above application has been filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking regular bail. 5. I have heard Sri.T.P.Sajid, the learned counsel for the applicant, Smt.Sreeja V., the learned Senior Public Prosecutor and Smt.A.Parvathi Menon, the Project Co-ordinator, the Victim Rights Centre. 6. The victim is an inmate of the hostel attached to the Blind School. She is a visually impaired girl, aged 14 years. The FI Statement of the victim would reveal that she, as well as the other inmates of the hostel, were repeatedly subjected to various forms of sexual assault by the accused. Considering the seriousness of the allegations, this Court suo motu impleaded the Victims Rights Centre, High Court of Kerala, as additional respondent No.2. The FI Statement of the victim would reveal that she, as well as the other inmates of the hostel, were repeatedly subjected to various forms of sexual assault by the accused. Considering the seriousness of the allegations, this Court suo motu impleaded the Victims Rights Centre, High Court of Kerala, as additional respondent No.2. It was also noticed that, despite the registration of a crime of sexual assault under the PoCSO Act and the BNS against the accused, they were continuing in service. Hence, the learned Senior Public Prosecutor was directed to get instructions as to whether any disciplinary proceedings were initiated against the accused as per the Government Rules. The Project Coordinator, Victim Rights Centre, was also directed to communicate with the victim and file a report. Accordingly, Adv.A.Parvathi Menon, the Project Co-ordinator, Victim Rights Centre, filed a detailed report after interacting with the victim and her mother. The victim revealed to the Project Co-ordinator the sexual assault inflicted by the accused on her repeatedly while she was staying in the hostel. She recalled certain instances where the accused No.2 allegedly groped her and instigated her to share inappropriate photographs with the applicant. She also recalled incidents where a tube/straw from hand-wash plastic containers was allegedly used to be inserted into her private parts by accused No.2. All these activities happened in the room of the accused No.2, where the victim was regularly summoned. She also recalled an incident where she was taken to the auditorium, where the accused No.2 and the applicant allegedly engaged in inappropriate sexual conduct in her presence, purportedly to coerce or condition her into similar acts with the applicant. 7. The Project Coordinator further reported that the incident narrated by the victim prima facie indicates sexual abuse within a Government institution and a comprehensive enquiry at the departmental level by the State Commissionerate for Persons with Disabilities and the Director General of Education, covering both the school and the hostel, is essential to rule out the likelihood of other students having been subjected to similar abuse and possibly silenced. Hence, the Director General of Education, State of Kerala as well as the State Commissionerate for Persons with Disabilities, State of Kerala, were suo motu impleaded as additional respondent Nos. 3 and 4. Hence, the Director General of Education, State of Kerala as well as the State Commissionerate for Persons with Disabilities, State of Kerala, were suo motu impleaded as additional respondent Nos. 3 and 4. They were directed to conduct a comprehensive enquiry about the sexual abuse that had taken place at the Blind School/hostel and file a report. They were also directed to take legal and departmental action in accordance with the law. Thereafter, the learned Senior Public Prosecutor reported that after the interim order was passed by this Court on 27/3/2026, the applicant was suspended from service, and the accused No.2, being a contract employee, was removed from the service. The respondent No.3 has also filed a report before this court. 8. The facts stated above would clearly reveal that the victim was sexually abused by the accused No.2 and the applicant repeatedly. However, the main allegation is against the accused No.2. The applicant has been in custody since 10/3/2026. He has already been suspended from service. He is no longer an employee at the Blind School. Considering all the circumstances and the period of detention undergone by the applicant, I am of the view that his further detention is not necessary, and he can be released on bail on the following conditions: (i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court. (ii) The applicant shall fully co-operate with the investigation. (iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required. (iv) The applicant shall not commit any offence of a nature like that while on bail. (v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation. (vi) The applicant shall not leave the State of Kerala without the permission of the trial Court. (vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court. 9. (vi) The applicant shall not leave the State of Kerala without the permission of the trial Court. (vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court. 9. The report filed by the Project Co-ordinator, the Victim Rights Centre, would show that some other inmates of the hostel were also subjected to sexual assault at the hands of the accused. The report would further show that though the victim and her mother informed about the sexual assault to the authorities of the hostel and the school about the sexual assault, no action was taken. It is also reported that the constant abuse faced by the victim had a significant adverse impact on her studies and overall well-being. It suggests that she requires counselling. In the report filed by the respondent No.3, it is stated that the enquiry is going on. Considering all these aspects and to protect the interests of the victim and other inmates of the Blind School and hostel, I deem it necessary to give the following directions while disposing of this bail application. (i) The investigating officer shall question the remaining inmates of the hostel to find out whether any of them were subjected to sexual assault. If it is reported that some other inmates were also subjected to sexual assault, he shall register separate crimes. (ii) The respondent Nos.3 and 4 shall take steps to provide adequate counselling to the victim. (iii) The respondent Nos.3 and 4 shall complete the ongoing enquiry initiated and take necessary legal and departmental action in accordance with the law based on the findings of the enquiry. The bail application is disposed of as above.