M.Santhaseelan v. The State Of Tamil Nadu, Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN M.Santhaseelan, M/A 59 years, S/o. Marimuthu, No.230, 1st Street, Melapalayam Village, Chengam Taluk- 606 701, Tiruvannamalai District.

... Petitioner/Accused Vs.

The State of Tamil Nadu, Represented by The Inspector of Police, All Women Police Station, Polur, Tiruvannamalai District.

(Crime No.66 of 2025) ...Complainant/Respondent Prayer: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail in connection with the case in Crime No.66 of 2025 pending investigation on the file of the respondent police.

For Petitioner :

Mr.R.Srinivas, Senior Counsel, for Mr.S.V.Karthikeyan For Respondent :

Mr.L.Baskaran Government Advocate (Crl.Side) 1/6

O R D E R

The petitioner, who arrested and remanded to judicial custody on 30.07.2025, for an offence punishable under Section 75(1)(i), 75(i)(ii) read with 75(2) of BNS, 2023 and Section 7 & 8 of Protection of Children from Sexual Offences Act, 2012 @ 75(1)(i), 75(i)(ii) read with 75(2) BNS and Section 9(l), 9(f) read with 10, 11(1) read with 12 of POCSO Act, in Crime No.66 of 2025, registered on the file of the respondent, seeks bail.

2. The petitioner herein is a Tamil Teacher in an Aadi Dravida School, was arrested on 30.07.2025. On the date of his transfer to another school, the District Child Protection Officer has visited the school and obtained statements from seven children, wherein allegations of sexual harassment by one Balamurugan, a clerk of the school and this petitioner who is the Tamil Teacher.

3. The learned Senior Counsel appearing for the petitioner submits that it is a case motivated by a powerful politician to wreak vengeance against the petitioner. It is further submitted that the statements of the children did not support the case of the prosecution when recorded by the Judicial Magistrate. 2/6

4. This Court, on perusing the handwritten statements of the children as well as the statement recorded by the Judicial Magistrate subsequently, is of the view that this case been foisted for some oblique motive and the children were forced to given statement in writing implicating this petitioner which children have subsequently retracted when they were examined by the Judicial Magistrate in a free atmosphere.

5. In such circumstances, this Court is of the view that the confinement of the petitioner in prison is not required. Hence, this Court is inclined to grant bail to the petitioners, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a likesum to the satisfaction of the learned Sessions Judge, Special Court for cases under POCSO Act, Tiruvannamalai.

[a] The sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The 3/6

Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] The petitioner shall appear before the respondent police as and when required for interrogation.

[c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

22.08.2025 bsm To,

1. The Sessions Judge, Special Court for cases under POCSO Act, Tiruvannamalai.

2. The Inspector of Police,All Women Police Station, Polur, Tiruvannamalai District.

3. The Central Prison, Vellore.

4.The Public Prosecutor, High Court of Madras. 4/6

Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies.

To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

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Dr.G.JAYACHANDRAN, J.

bsm 22.08.2025 6/6