MUMBAI: The
Bombay high court on Monday directed a
French national, who is the founder-trustee of a reputed suburban school and accused of sexually abusing a kindergarten student, not to enter the school premises till further orders. The HC is hearing a plea filed by two parents for cancellation of bail granted last year to the trustee in the case filed under the Protection of Children from Sexual Offences (Pocso) Act.
Justice Revati Mohite-Dere, who heard the matter, also expressed concern at a statement made by a public prosecutor, who argued the bail plea before a subordinate court, and the police officer investigating the case of there being “no prima facie case” against the trustee. “In light of material that is there, if the prosecutor had made such a statement then it is a serious matter,” said the judge, and sought affidavits from the investigating officer present at the time of the bail hearing before the sessions court, as well as an affidavit of the prosecutor there, if necessary, by Wednesday when the matter will be heard again.
Before the HC, the prosecution stated that on instructions of the police officer, the prosecutor’s statement was “wrongly recorded” in an order granting bail, passed by Dindoshi sessions court on November 24, 2017.
The sessions court, while granting bail to the trustee, had recorded the prosecutor’s submission as “prima facie there is no incriminating evidence against the applicant and the other co-accused”.
In May 2017, a parent had lodged an FIR against the trustee accusing him of touching a four-year-old inappropriately between November 2016 and March 2017. The trustee, at the time, was on a school trip to France with other students. The parent’s lawyer, Vijay Hiremath, calling the bail order “perverse”, said the trustee had been arrested only in November after the parent moved the high court for a transfer of probe. Hiremath questioned the observations in the sessions court order which also had police saying he had “cooperated with the probe” when he had only returned to India in July and “never visited the police station”.
Senior counsel Shirish Gupte appearing for the trustee said the bail order was “well-reasoned” with several restrictions imposed on him, and added that he was willing to not enter the school as sought by the parents in the bail cancellation plea, till the trial is not over. But, Gupte said, the trustee had returned to India on July 3, within three days of receiving a notice from police, and was in custody for almost 20 days after his arrest on November 6, 2017. He said that “600 parents support” the trustee who may be allowed to enter after school hours to co-mplete administrative work.
Justice Mohite-Dere said the two main questions are whether the bail order is perverse and whether the trustee is likely to tamper with evidence or influence witnesses.
Bombay high court (File Photo)
