Rebuttable Section 29 presumption under POCSO can still permit anticipatory bail where the prosecution case appears doubtful.

In a POCSO prosecution, the Kerala HC held that the statutory presumption under Section 29 is rebuttable and does not, by itself, preclude anticipatory bail. The Court considered the substantial delay in lodging the complaint, the sequence of events following a fee-demand notice, and the surrounding circumstances as creating doubt about the prosecution version. It also found that custodial interrogation was unnecessary, there was no material showing flight risk or criminal antecedents, and any risk of witness intimidation could be managed through conditions. Anticipatory bail was therefore granted subject to stringent safeguards.

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Issues: Whether anticipatory bail should be granted to an accused in a prosecution under the Protection of Children from Sexual Offences Act, 2012 despite the statutory presumption under Section 29, having regard to the delay in complaint, the surrounding circumstances, and the need for custodial interrogation.

Analysis: The application for anticipatory bail arose from allegations that the accused, while conducting counselling, exposed the victim to obscene material and attempted physical contact. The victim's statement and the statement recorded under Section 164 of the Code supported the allegations, but the complaint to the authorities was made only after a substantial delay and shortly after the accused sent a lawyer notice demanding professional fees. That sequence of events created doubt about the prosecution version. The statutory presumption under Section 29 of the Protection of Children from Sexual Offences Act, 2012 is not absolute and does not prevent the Court from considering patent infirmities or improbabilities in the prosecution case. The Court also found that custodial interrogation was not necessary, there was no material to suggest flight risk or criminal antecedents, and any apprehension of witness intimidation could be addressed by conditions.

Conclusion: Anticipatory bail was granted to the petitioner, subject to stringent conditions.

Ratio Decidendi: The statutory presumption under Section 29 of the Protection of Children from Sexual Offences Act, 2012 is rebuttable and does not bar grant of anticipatory bail where the prosecution version is rendered doubtful by surrounding circumstances and custodial interrogation is unnecessary.

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