G.Gnanaskandhan v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the First day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.18313 of 2021 G.GNANASKANDHAN [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MAYILADUTHURAI, MAYILADUTHURAI DISTRICT.
CRIME NO.41/2021.
For Petitioner : M/S. A.R.SURESH Advocate For Respondent : MR. A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner, who was arrested on 12.08.2021 and remanded to judicial custody for the alleged offences punishable under Sections 12 of POCSO Act 2012 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.41 of 2021, on the file of the respondent police, seeks bail.
2. This is the second bail application filed before this Court. The case of the prosecution is that the petitioner was worked as a Maths Teacher in K.S.O. High School, Mangainallur. Further, the petitioner had sexually abused the minor girl students. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged offences and he has been falsely implicated in this case. He further submits that the petitioner has been in jail from 12.08.2021. He further submitted that the case has been registered against the petitioner at the instigation of the School Management of K.S.O. High School, Mangainallur, . He further submitted that earlier occasion the District Educational Officer instigated the Secretary to
permit the petitioner to join duty and pay him salary which secretary did not comply. Hence, the petitioner had filed a Writ Petition before this Court in W.P.No.9880 of 2020 and Notice of motion was ordered and the same was pending for final disposal. He further submitted that the Secretary of K.S.O. High School, Mangainallur, had issued a show cause notice to the petitioner on 27.07.2019 stating that the petitioner had given Corporal punishment to the girl students of Std,, 8(B) on 17.07.2019 for the failure to do maths worksheet and he has not turned up for duty from 17.07.2019 and sent a e-mail seeking medical leave on 24.07.2019. Hence he prays for grant of bail to the petitioner.
4. The learned Government Advocate (Crl.Side) submitted that the petitioner had sexually abused the minor girl students. He further submitted that 164 statement has also been recorded from the victim girl. He further submitted that earlier bail application was dismissed by this Court in Crl.O.P.No.15797 of 2021 dated 02.09.2021 and there is no change of circumstances. He further submits that there is serious allegation made against the petitioner. Hence, he vehemently opposed for grant of bail to the petitioner.
5. This Court is of the view that on perusal of the 164 statements, there is serious allegation made against the petitioner and considering the gravity of offence, this Court is not inclined to grant bail to the petitioner.
6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 01/10/2021 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, MAYILADUTHURAI, MAYILADUTHURAI DISTRICT.
2 THE OFFICER INCHARGE, SUB JAIL, MAYILADUTHURAI.
3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.
+1 CC to M/S. A.R.SURESH Advocate on payment of necessary charges SR.NO.10894 CRL OP.18313/2021 Date :01/10/2021 INBA-20/10/2021