Thamaraiselvan v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.10.2025

CORAM:

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Thamaraiselvan ...Appellant ..Vs..

1. The State represented by The Inspector of Police, Udumalpet All Women Police Station, Thiruppur District.

(Cr.No.42 of 2025)

2. Ganesh ... Respondents (R2 impleaded suo motu as per the order of this Court dated 06.10.2025 in Crl.A.No.1523 of 2025) Prayer: This Criminal Appeal filed under Section 14A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities), Act, 1989, to set aside the order dated 09.09.2025 passed in Crl.M.P.No.343 of 2025 on the file of the learned Sessions Judge, Magalir Needhi Mandram (Fast Track Mahila Court), Tiruppur, and enlarge the petitioner on bail. For Appellant : Mr.Krishnasamy Chinnasamy For Respondents : Mr.V.Meganathan, Govt. Advocate (Crl.Side) for R1 No Appearance for R2 ****** 1/6

JUDGMENT

This Criminal Appeal has been filed by the appellant, against whom, the first respondent police registered FIR in Cr.No.42 of 2025 for the offence under Sections 9(m), 9(f) r/w 10 of POCSO Act, 2012 and Section 131, 351(3) of BNS Act, 2023 and Section 3(l)(w)(ii), 3(2)(V)(a) of SC/ST (PoA) Act.

Learned counsel for the appellant/accused would submit that the appellant is a School Teacher, who completed his 17 years of unblemished service. The defacto complainant, who is the Head Master of the School, due to previous enmity, had foisted false case against the appellant. The learned Sessions Judge, Magalir Needhi Mandram (Fast Track Mahila Court), without considering the facts and circumstances of the case, has erroneously dismissed the bail petition filed by the appellant, which needs interference of this Court. The appellant is ready to abide any of the conditions to be imposed by this Court. Despite notice served and name of the second 2/6

respondent is also being printed in the cause list, none appeared on behalf of the second respondent.

Learned Government Advocate (Crl.Side) appearing for the first respondent police strongly objected for grant of bail to the appellant stating that the appellant, being the School Teacher, had abused the victims sexually and the victims also given their statement, which reveal that the appellant/accused misbehaved with the victims. Heard the learned counsel on either side and perused the materials available on record.

Considering the facts and circumstances of the case and the fact that the appellant also suspended from service and since investigation completed and charge sheet has also been filed today, this Court is inclined to grant bail to the appellant. Accordingly, the order dated 09.09.2025 passed by the learned Sessions Judge, Magalir Needhi Mandram (Fast Track Mahila 3/6

Court), Tiruppur, is hereby set side and the appellant shall be released on bail on the following conditions:

(a) the appellant/accused is ordered to be released on bail, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, one should be blood relative, each for a like sum to the satisfaction of the Magalir Needhi Mandram, Tiruppur.

(b) The appellant/accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the learned Judge may obtain a copy of their Aadhar Cards or Bank Pass Books to ensure their identities. (c) The appellant shall appear before the Trial Court on every Saturday at 10.30 a.m., until the disposal of the case and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 355 of BNSS, 2023, and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court.

(d) the appellant shall not to have any communication with the victim girls and their family members. 4/6

The District Education Officer, Tiruppur, shall not place the appellant in the same School and he shall be placed in some other School.

With the above directions, this Criminal Appeal stands allowed.

14.10.2025 cgi Note: Issue Order copy on 17.10.2025 To

1. The Inspector of Police, Udumalpet All Women Police Station, Thiruppur District.

2. The Public Prosecutor, Madras High Court.

3. The District Education Officer, Tiruppur.

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T.V.THAMILSELVI, J.

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