High Court Grants Bail to a Physiotherapist Accused of Sexually Assaulting a 14-Year-Old Patient

The accused (petitioner) Rajeev, was working as a Physiotherapist at a general hospital. During his employment, allegedly he committed repeated sexual abuse on his 14-year-old male patient by touching and causing his genitalia to bleed.

He was thus held under Sec.8 read with Sec.7, and Sec.10 read with Sec.9 (c) (i) (k) (l) of the Protection of Children from Sexual Offences Act. An offence under Sec.119 (a) of the Kerala Police Act was also alleged. The petitioner was taken into custody on 25th December 2020.

Submissions before the Court:

The counsel for the petitioner submitted that the allegations against him are false, and that he was just doing his duty as a Physiotherapist. There was also a 10-day delay in filing the complaint. If the court grants him bail, he would abide by all the conditions of it.

On the other hand, the Public Prosecutor opposed the bail application, pointing out that the petitioner was a temporary employee in the government service and the allegations against him were serious.

Decision:

Hon’ble Judge P. V. Kunhikrishnan decided that the bail could be allowed on stringent conditions. While it was agreed that the allegations against him were serious, there was a delay of 10 days in filing the complaint. These matters are to be investigated. The petitioner was thus released on a bond of Rs.50, 000 and other stringent conditions. 

CASE DETAILS: Bail Appl..No.1155 OF 2021

Story by Sai Kulkarni-Intern

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