Dhandapani v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.03.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Dhandapani
...Petitioner/Accused
Vs.
State rep by The Inspector of Police, Bhavanisagar Police Station, Erode District.
(Crime No.21 of 2025) ...
Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.21 of 2025 on the file of the respondent police.
For Petitioner :
Mr.C.S.Saravanan For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) Page No.1 of 7
ORDER
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 01.02.2025, seeking bail in Crime No.21 of 2025 registered for the offence under Sections 9(f), 10 of POCSO Act, 2012.
2.It is the case of the prosecution that the petitioner was working as a School teacher; that while taking classes, was in the habit of touching the chest, hip and thigh of girl students inappropriately, including the daughter of the defacto complainant and thus committed the aforesaid offences. 3.The learned counsel for the petitioner would submit that the allegations are false and that the petitioner was dismissed from service and that in any case, considering the nature of allegations, period of incarceration, further custody of the petitioner is not required and sought for bail.
4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and opposed the grant of bail. Page No.2 of 7
5.Considering the fact that the petitioner was arrested on 01.02.2025, the fact that he has been suspended from service and he cannot interact with the students any more, and the nature of allegations, this Court is of the view that further custody of the petitioner is not required for the purpose of investigation. Hence, this Court is inclined to grant bail to the petitioner with certain conditions.
6.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 Aadhar card or Bank pass Book to ensure their identity; [b] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial; Page No.3 of 7
[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.
11.03.2025 ata Page No.4 of 7
Copy to:
1.The Inspector of Police, Bhavanisagar Police Station, Erode District.
2.The Sessions Court, Magalir Neethi Mandram, (Fast Track Mahila Court), Erode.
3.District Jail, Gobichettipalayam.
4.The Public Prosecutor, High Court, Madras.
Page No.5 of 7
SUNDER MOHAN, J.
ata Page No.6 of 7
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