Chandrasekaran v. State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.03.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Chandrasekaran
...Petitioner
Vs.
State Rep. By The Inspector of Police, Gobi All Women Police Station, Erode District.
(Crime. No.59 of 2024) ...
Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail pending investigation in Crime No.59 of 2024 on the file of the respondent police. For Petitioner :
Mr.C.S.Saravanan For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)
ORDER
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 23.02.2025, seeking bail in Crime No.59 of 2024 registered for the offence under Sections 7, 8 of POSCO Act, 2012.
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2. The case of the prosecution is that the petitioner is working as 12th standard class teacher in a Government School; that he had committed bad touch on the 27 victims inappropriately and had also asked their pictures, thereby affecting the psychology of the victims and thus committed the aforesaid offences.
3.The learned counsel for the petitioner would submit that the allegations are false; that the alleged offence is said to have been taken place on 01.08.2023 whereas the complaint was lodged only on 29.11.2024; that the petitioner has been suspended from service and Departmental action has been taken against the petitioner and that in any case, considering period of incarceration and the fact that the final report has been filed, he may be released on bail.
4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and also produced the copy of Section 183 BNSS statement of the victims and vehemently opposed for grant of bail to the petitioner.
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5.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record.
6.This Court had perused the statement of the victims recorded under Section 183 BNSS Act and the FIR. The alleged occurrence is said to have been taken place on 01.08.202. The complaint was lodged on 29.11.2024. Considering the statement of the victims, the nature of allegation and the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions:
8.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the Sessions Court, Magalir Neethi Mandram, (Fast Track Mahila Court), Erode and on further conditions that:
[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Page No.3 of 6
Aadhar card or Bank pass Book to ensure their identity; [b] the petitioner shall report before the respondent police everyday at 6.30 p.m, until further orders;
[c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with evidence or witness either during investigation or trial;
[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
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Copy to:
1.The Inspector of Police, Gobi All Women Police Station, Erode District.
2.The Sessions Judge, Magalir Neethi Mandram, (Fast Track Mahila Court), Erode.
4.District Jail, Gopichettipalayam.
5.The Public Prosecutor, High Court, Madras.
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SUNDER MOHAN, J.
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