Govinadan v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 10.06.2021 CORAM :
THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.10210 of 2021 Govindan .. Petitioner/sole Accused /versus/ The State by Inspector of Police, AWPS Police Station, Pennagaram, Dharmapuri District.
(Crime No.10 of 2021) .. Respondent/Complainat PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in connection with case in Crime No.10 of 2021 pending investigation on the file of the respondent police.
For Petitioner :Mr.R.Prabakar For Respondent :Mr.E.Raj Thilak Government Advocate (Crl. Side) ------
O R D E R
(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 23.04.2021 for the offence punishable under Sections 5(1), 5(c), 5(f) r/w 6 of POCSO Act 2012 in Crime No.10 of 2021 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 20.04.2021, the victim girl, who was aged about 14 years, is studying 9th standard in the Government school and the petitioner is working as Maths teacher in the said school. The petitioner called the victim girl to the classroom in the first floor and he had penetrative physical relationship with the victim girl and also the petitioner threatened the victim girl not to disclose the incident.
3. The learned counsel appearing for the petitioner would submit that the petitioner was arrested on 23.04.2021 and almost the investigation is completed and charge sheet is also ready to file. He sought for bail to the petitioner.
4. The learned Government Advocate (crl.side) would submit that the petitioner is working as Maths teacher in the Government School. The victim girl is studying 9th standard in the said school. The petitioner called the victim girl to come to the classroom in the first floor and the petitioner had penetrative relationship with the victim girl. A statement was recorded under Section 164 of Cr.P.C. Further, he would submit that the petitioner is doing the same nature of crime against the other students also. Hence, he vehemently opposed to grant bail to the petitioner.
5. On perusal of the statement recorded under Section 164 of Cr.P.C., it is revealed that the petitioner had committed very serious and grave offence as against the school student. It is also seen that there are so many complaints as against the petitioner in the same nature of offence from other students. Therefore, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.
-sd/- 10/06/2021 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 FAST TRACK MAHILA COURT, DHARMAPURI.
2 THE OFFICER INCHARGE SUB JAIL, DHARMAPURI.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE AWPS POLICE STATION, PENNAGARAM, DHARMAPURI DISTRICT.
CC to M/S.R.PRABAKAR Advocate on payment of necessary charges CRL OP.10210/2021 Date :10/06/2021 cs 29/06/2021