Siva Shankar Baba @ C.N.Sivasankaran v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Seventeenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.23659 of 2021 SIVA SHANKAR BABA @ C.N.SIVASANKARAN [ PETITIONER / ACCUSED ] Vs STATE REPRESENTED BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CBCID, METRO WING-II, CHENNAI.

(CRIME NO. 9 OF 2021) For Petitioner : M/S. R.VIJAYAKUMAR Advocate For Respondent : MR.R.MUNIYAPPARAJ, Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who has been arrested and remanded to judicial custody on 09.11.2021 by the respondent police for the alleged offence punishable under Section 7 r/w 8, Section 9(i) r/w 10, Section 9(f) r/w 10, 11(ii) r/w 12, Section 10 r/w 17 and 12 r/w 17 of Protection of Children from Sexual Offences Act 2012, Section 77 of Juvenile Justice Care and Protection Act 2016 and Section 354(A) (ii) of IPC in Cr.No.9 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner/accused Shiva Shankaran Baba was said to be founder of sushil Hari International Residential School, Kelambakkam. The both hostel and day scholar girl students were staying near the Baba's lounge and they were prepared for performing cultural programmes and been appreciated by the accused by providing some prices regularly. During that time, the accused was alleged to have induced the victim girls for his sexual activities and sexually harassed and abused the victim girls with the aid of some school teachers and devotees at his lounge. The CBCID has been received criminal complaint from the

victims. Based on which the above cases were registered and investigated by the CBCID.

3.The learned counsel appearing for the petitioner submitted that he is a divine personality, who is running the school and also involved in charitable works. At the instigation of third parties and in order to grab the property belongs to the school, some girls, those who completed their studies in that school come forward and started giving complaints one by one. Based upon the false complaints raised by those girls, this case was registered. He further submitted that the photographs which were produced before this Court was morphed one and same was created by the third parties to put the petitioner in the judicial custody permanently. Hence he prays for grant of bail to the petitioner.

4.The learned Government Advocate (Crl.Side) submitted that the complaints are raised by the victims, more particularly from women about the alleged sexual harassment made by the petitioner herein. He further submitted that even yesterday, the respondent police has received a complaint from one Aarthy. Based on which, the F.I.R has been registered and the investigation is in preliminary stage. They have also produced some photographs which reveal that the victim girls were sexually abused by the petitioner. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and that the petitioner, who declare himself as god man facing such sexual allegations alleged by the victim girls as well as the subsequent complaints received from those girls which needs a detailed investigation.

6. In view of the above facts and that if he is released on bail, he would abscond and will not co-operate for the investigation, this court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. -sd/- 17/12/2021 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, CBCID, METRO WING-II, CHENNAI.

2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S. R.VIJAYAKUMAR Advocate on payment of necessary charges SR.NO.15026 CRL OP.23659/2021 Date :17/12/2021 CSK 28/12/2021