The top court, however, barred him from entering the school premises and directed the trial court to decide the matter as per material available on record.
A bench of Justices A K Sikri and Ashok Bhushan clarified that the observations in the orders of the Bombay High Court and the sessions court are only in respect to the granting and cancellation of bail.
“The petitioner shall surrender within three days. However, he will not visit the school. We make it clear that the observations of the sessions court as well as the high court are only in the context of granting and cancellation of bail. Needless to stay, the trial court is required to finally decide the matter on the basis of evidence which is produced before the court,” the bench said.
Accused Patrick Brilliant had challenged the April 2 order of the high court cancelling bail granted by the trial court on November 24 last year.
It had asked him to surrender forthwith before the authority concerned while asking the trial court to complete the proceedings in four months.
On May 18, 2017, an FIR was lodged against Brilliant for sexually assaulting the child and was arrested on November 7, nearly six months after the registration of the FIR.
However, the trial court granted him bail on November 24, 2017, just 17 days after he was arrested in the case.