Govinadan v. The State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 17.08.2021 CORAM :
THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.14480 of 2021 Govindan .. Petitioner/sole Accused /versus/ The State, Rep by The Inspector of Police, All Women Police Station, Pennagaram, Dharmapuri District.
(Crime No.10 of 2021) .. Respondent/Complainant 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.D.Ramesh Kumar For Respondent :Mr.L.Baskaran Government Advocate (Crl. Side)
ORDER
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 is aged about 14 years, studying 9th standard in the Government school whereas 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 he also threatened the victim girl not to disclose the said incident to anyone.
3. The learned counsel appearing for the petitioner would submit that the petitioner was arrested on 23.04.2021. Further he submitted that earlier applications filed by the petitioner in Crl.O.P.No.10210 of 2021 & 11866 of 2021 were dismissed by order dated 10.06.2021 &
09.07.2021 respectively. He further submitted that the petitioner's daughter attained Puberty and also charge sheet has been laid before the concerned Court. Hence, he prayed to release him on bail.
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 he 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 a 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.
6. Taking into consideration the bad antecedents of the petitioner, this Court had dismissed the earlier applications filed by the petitioner and also the reasons stated by the learned counsel for the petitioner would not make any change of circumstances. Therefore, this Court is not inclined to grant bail to the petitioner.
7. Accordingly, the Criminal Original Petition is dismissed. -sd/- 17/08/2021 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 INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PENNAGARAM, DHARMAPURI DISTRICT.
2 THE OFFICER INCHARGE SUB JAIL, DHARMAPURI
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.D.RAMESH KUMAR Advocate on payment of necessary charges CRL OP.14480/2021 Date :17/08/2021 APN 23/08/2021