The Kerala High Court refused bail to a karate teacher accused of sexually abusing minor girls, ruling that releasing the accused on bail would have a “deleterious impact” on the society.

The teacher, in the present case, was arrested and remanded to judicial custody on May 30, 2024, is alleged to have groped the breasts of a minor girl who was studying karate under him in December 2020.

Justice C.S. Dias, who presided over the case, ruled that denying bail to the petitioner was warranted due to the serious nature of the accusations against him. He faces charges in five separate cases, three of which involve allegations of sexually assaulting minor girls who were his karate students.

The prosecution contended that the accused is a habitual offender, with five similar complaints filed against him at the same police station. In contrast, the accused asserted his innocence, claiming that the investigating officer had wrongfully implicated him due to past conflicts.

The court emphasized that granting bail would not only risk intimidating the victims and witnesses but also convey a harmful message to society. Citing several Supreme Court rulings, including Ram Govind Upadhyay v. Sudarshan Singh and Prasanta Kumar Sarkar v. Ashis Chatterjee, the court reiterated that bail should not be automatically granted, particularly in cases involving serious crimes. In reaching its decision, the court took into account the nature and gravity of the alleged offenses, the potential consequences, and the character and conduct of the accused.

“On considering the fact that the petitioner has committed a serious crime by outraging the modesty of the victim, that there are prima face materials to substantiate the petitioner’s involvement in the crime…the presumption under Section 29 of the POCSO Act is against him and if the petitioner is enlarged on bail, it would have deleterious impact on the society,” the court stated.

Furthermore, the court recognised the need to prioritise societal concern over individual liberty. Referencing the Supreme court’s ruling in Ash Mohammad v. Shiv Raj Singh @ Lalla Babu & Anr (2012), the court noted : “We may usefully state that when the citizens are scared to lead a peaceful life and this kind of offences usher in an impediment in establishment of orderly society, the duty of the court becomes more pronounced and the burden is heavy.”