Supreme Court emphasizes prima facie case in POCSO Act anticipatory bail decisions

The Supreme Court allowed the appeal, set aside the High Court's order granting anticipatory bail to the accused under the POCSO Act, and emphasized the importance of considering the prima facie case, severity of the offense, and legislative intent of the Act in such decisions. The Court highlighted that custodial interrogation necessity alone is not sufficient for granting anticipatory bail and overturned the High Court's decision, granting the Investigating Officer liberty to proceed lawfully.

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Issues Involved:
1. Grant of anticipatory bail to the accused under POCSO Act.
2. Delay in reporting the crime.
3. Consideration of Section 29 of the POCSO Act.
4. Prima facie case and custodial interrogation necessity.
5. High Court's discretion in granting anticipatory bail.

Issue-wise Detailed Analysis:

1. Grant of anticipatory bail to the accused under POCSO Act:
The appellant, mother of the victim, challenged the High Court of Kerala's decision to grant anticipatory bail to the accused under Sections 354A(1)(i),(ii) & (iv), 354A(2) and 354A(3) of the Indian Penal Code read with Sections 7, 8, 9, and 11 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The accused was alleged to have sexually assaulted his 12-year-old niece. The High Court granted anticipatory bail with conditions, including appearing before the Investigating Officer and not intimidating witnesses.

2. Delay in reporting the crime:
The Special Judge observed that there was a six-month delay in reporting the crime. However, it was noted that mere delay is not a factor to disbelieve the prosecution case, especially in sexual assault cases involving minors. The victim's educational performance declined post-incident, and she disclosed the incident only during the second counseling session due to fear, which justified the delay.

3. Consideration of Section 29 of the POCSO Act:
The Special Judge and the Supreme Court emphasized the presumption under Section 29 of the POCSO Act, which mandates that the court shall presume the commission of the offense by the accused unless the contrary is proved. This presumption is crucial while dealing with bail applications under the POCSO Act. The Kerala High Court in Joy v. State of Kerala (2019) held that the statutory presumption under Section 29 does not mean the prosecution version has to be accepted as gospel truth but should be considered along with the facts of the case.

4. Prima facie case and custodial interrogation necessity:
The Supreme Court found that the High Court overlooked the specific allegations in the FIR and the victim's statement under Section 164 of the Code of Criminal Procedure. The High Court's observation that the accused's actions could be manifestations of affection was deemed unwarranted. The Supreme Court highlighted that the prima facie case against the accused and the severity of the offense should be the primary considerations in anticipatory bail applications. Custodial interrogation, while relevant, is not the sole factor in deciding anticipatory bail.

5. High Court's discretion in granting anticipatory bail:
The Supreme Court criticized the High Court for granting anticipatory bail despite the serious nature of the allegations and the legislative intent of Section 29 of the POCSO Act. The High Court's discretion was deemed to have been exercised erroneously. The Supreme Court emphasized that even if custodial interrogation is not required, it does not automatically justify granting anticipatory bail. The prima facie case and the impact on the victim's well-being are paramount considerations.

Conclusion:
The Supreme Court allowed the appeal, set aside the High Court's order granting anticipatory bail, and granted the Investigating Officer liberty to proceed in accordance with the law. The judgment underscores the importance of considering the prima facie case, the severity of the offense, and the legislative intent of the POCSO Act while deciding anticipatory bail applications.

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