Cheran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.8276 of 2022 Cheran ... Petitioner Vs.

The State rep. by The Inspector of Police, Kadathur Police Station, Dharmapuri District.

(Crime No.43 of 2022) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail pending investigation in Crime No.43 of 2022 on the file of the Inspector of Police, Kadathur Police Station, Dharmapuri, Dharmapuri District. For Petitioner : Mr.V.Rajamohan For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor ********

ORDER

The petitioner, who was arrested on 26.02.2022 for the alleged offences under Sections 9(f) and 10 of the Protection of Children from Sexual Offences Act, 2012 in Crime No.43 of 2022 , on the file of the respondent police, seeks bail.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent. Section 164 of Cr.P.C statement of the victim girl is also perused 3.The petitioner herein states that due to previous enmity regarding the stitching of blouse with the defacto complainant, who is the mother of the minor girl, a false complaint has been lodged alleging that this petitioner has committed sexual harassment on the

victim girl and also sent some chits to the victim girl expressing his sexual desire. However, even after the arrest of this petitioner, on 26.02.2022, the Investigating Officer has not even collected the chits alleged to have been written by the petitioner herein. 4.Considering the fact that the victim girl is about 16 years old and there was some previous enmity between the mother of the victim girl and the petitioner herein, who is Maths Teacher, this court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions; (a) the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Sessions Court, Fast Track Mahila Court, Dharmapuri; (b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;

(c) the petitioner is directed to report before the Investigating Officer as and when required.

(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 Judicial 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 229A IPC.

-sd/- 08/04/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE SESSIONS COURT FAST TRACK MAHILA COURT, DHARMAPURI.

2 THE INSPECTOR OF POLICE, KADATHUR POLICE STATION, DHARMAPURI DISTRICT.

3 THE OFFICER INCHARGE DISTRICT PRISION, DHARMAPURI, DHARAMAPURI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. V.RAJAMOHAN Advocate on payment of necessary charges SR.NO.5439 CRL OP.8276/2022 Date :08/04/2022 JPA 08/04/2022