Bombay High Court, Badlapur Minor Assault 
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Badlapur Minor Assault: School administrators move Bombay High Court for anticipatory bail

Sahyaja MS

The chairman and the secretary of the Badlapur school, where two minor students were sexually assaulted by a male attendant in August this year, have approached the Bombay High Court seeking anticipatory bail.

Both of the school administrators were booked for having failed to report the crime.

A Bench of Justice RN Laddha heard the matter on Monday before posting the case for further hearing on October 1.

Both the administrators are under investigation and are currently absconding.

Earlier on September 10, special judge VA Patravale had turned down their application for anticipatory bail. The trial court judge noted there seemed to be enough prima facie evidence against them.

Justice RN Laddha

Before the Thane court, both the accused had claimed the allegations against them were baseless.

Their counsel had argued that if the incident happened on August 12 and 13 as stated, it was odd that neither the victims nor their families told the school or authorities until much later.

They had also pointed out that the victims were at school for the flag-raising event subsequent to the incident, which raised questions about the claims.

They had, therefore, sought relief on the ground that they are willing to help with the investigation.

The school's reputation was hurt by intense media coverage, they said. Both officials are older and former students of the school with strong ties to the institution that has been running since 1960, they had added.

Their lawyer had also stressed that there was no proof that they tampered with CCTV footage, which they gave to the police. Footage from July 19 to August 16 was missing because the office was being shifted and cameras were being set up, it had been contended.

The prosecution had opposed the anticipatory bail, citing the seriousness of the case involving penetrative sexual assault on young victims. They had pointed out that despite parents visiting the school on August 14, the authorities failed to report the crime.

Suspiciously, the CCTV footage DVR stopped working from July 19 to August 16, 2024, raising concerns about tampering. The prosecution had also noted that both officials were missing when notices were served, potentially influencing witnesses.

After hearing the parties, the Thane court had rejected their plea leading to the present appeal before the High Court.

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