M.Athimoolam v. Inspector Of Police

A.D.JAGADISH CHANDIRA,J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 9(1), 9(f) r/w 10, 11(i), 11(iv) r/w 12 of POCSO Act, 2012 in Crime No.305 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is the Head Master of the School where the victim girl was studying. The allegation is that the victim girl was subjected to sexual assault by A1 and A2, who are working as teachers in the said School. The allegation against the petitioner is that despite intimations given to the petitioner, he has not taken any action against A1 and A2. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is the Head Master of the School and other than that he was not aware of anything. He would further submit that no complaint was made to the petitioner about the sexual assault and that the victim girl's parents

had straight away lodged a complaint before the respondent police. He would further submit that there is no serious allegation against the petitioner. He would also submit that co-accused in this case had been enlarged on bail. Thereby, he seeks anticipatory bail.

4. The learned Government Advocate (Crl. Side) would submit that despite intimations given by the victim girl, the petitioner who is the Head Master of the School had not taken any action against the complaint. He would further submit that a notice under Section 41A was issued and to the petitioner and he also appeared for enquiry and that there is no apprehension of arrest.

5. Recording the same, the Criminal Original Petition stands closed.

13.10.2022 Sma/mka

A.D.JAGADISH CHANDIRA,J.

Sma/mka 13.10.2022