G.Gnanaskandhan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty First day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.25122 of 2021 SPECIAL S.C.NO.42/2021 (ON THE FILE OF THE LEARNED SESSIONS JUDGE SPECIAL COURT, UNDER POCSO ACT, NAGAPATTINAM) G.GNANASKANDHAN [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MAYILADUTHURAI DISTRICT.

CRIME NO.41/2021.

For Petitioner : M/S.C.IYYAPPARAJ Advocate For Respondent : MR.S.BALAJI, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was areested and remanded to judicial custody on 12.08.2021 for the offence punishable under Section 12 of POCSO Act 2021 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, Section 11(1), 9(1), 9(f) of POCSO Act, 2012 in Crime No.41 of 2021 on the file of the respondent police, seek bail. 2.The case of the prosecution is that the petitioner worked as a Maths Teacher in KSO High School, Manganallur, Mayiladuthurai District. Further the petitioner sexually abused the minor girls, who studying in that school. Hence the complaint. 3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely https://hcservices.ecourts.gov.in/hcservices/

implicated in this case and he has been in jail from 12.08.2021. Hence, he prays for grant of bail to the petitioner. 4.The learned Government Advocate would submit that this is the 4th bail application of the petitioner. The petitioner had sexually abused the minor girls, who studying in the said school and 164 statement has also been recorded from the victim girl. He further submitted that if the petitioner is granted bail, he would tamper the witnesses and the trial would go delay. Hence, he vehemently opposed to grant anticipatory bail to the petitioner. 5.Considering the gravity of offence and earlier petition was dismissed by this Court and there is no change of circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, this criminal original petition is dismissed. -sd/- 21/12/2021 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 SESSIONS JUDGE SPECIAL COURT, UNDER POCSO ACT, NAGAPATTINAM.

2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MAYILADUTHURAI, MAYILADUTHURAI DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE OFFICER INCHARGE SUB JAIL, MAILADUTHURAI.

CC to M/S.C.IYYAPPARAJ Advocate on payment of necessary charges CRL OP.25122/2021 Date :21/12/2021 TA-30/12/2021 https://hcservices.ecourts.gov.in/hcservices/