← Library
Madras High CourtCRL A(MD)/237/2019dismissed

O.Elongovan v. The Deputy Superintendent Of

2019-06-25Honourable Mrs Justice T. Krishnavalli (Retd.)4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :25.06.2019

CORAM

THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI Crl. A.(MD)No.237 of 2019 O.Elongovan ... Appellant/Petitioner/Accused Vs.

1.The Deputy Superintendent of Police, Karur Town, Karur District.

2.The State rep. by The Inspector of Police, All Women Police Station, Karur.

(In Crime No.1 of 2019) ...1 & 2 Respondents/Complainants/ Complainants 3.Deepa ...3rd Respondent/Defacto Complainant/ Defacto Complainant Prayer : This appeal is filed under Section 14-A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, amendment Act 2015, to set aside the order dated 27.05.2019 made in Cr.M.P.No.28 of 2019 on the file of the Vacation Sessions Judge, Karur and enlarge the petitioner on bail in connection with the case in Crime No.1 of 2019 on the file of the 2nd respondent police.

For Appellant : Mr.Veerakathiravan, Senior Counsel for Mr.R.Meenakshi Sundaram For R-1 & R-2 : Mr.R.Anandha Raj Additional Public Prosecutor For R3 : Mr.R.Alagumani

J U D G M E N T

This Criminal Appeal has been filed to set aside the order dated 27.05.2019 made in Cr.M.P.No.28 of 2019 on the file of the the Vacation Sessions Judge, Karur and enlarge the petitioner on bail in connection with the case in Crime No.1 of 2019 on the file of the 2nd respondent police .

2.The Appellant, who was arrested and remanded to judicial custody on 26.03.2019 for the offences punishable under Sections 354(A), 506(i) IPC and Section 4 of Tamil Nadu Women Harassment Act, 2012 r/w 3(i)(w)(i) & (ii) of SC/ST (POA) Act, in Crime No.1 of 2019 on the file of the 2nd respondent police, seeks appeal bail.

3.The de-facto complainant has lodged a complaint before the 2nd respondent police on 26.03.2019 stating that she and her college friends namely Divya, Kavina, Helan and Monika were sexually harassed and outrage their modesty by one Elangovan, the Head of the Department of Economics of the Government Arts College, Karur, on 09.03.2019 at the room situated at the college premises for the HOD, after threatened the de-facto complainant with dire consequences.

4.The learned counsel appearing for the appellant/accused submitted that the appellant/accused is an innocent person and he has been falsely implicated in this case and he has nothing to do with the alleged occurrence and that the appellant/accused is in jail since 26.03.2019 i.e., more than 60 days. He further submitted that in this case the charge sheet is not yet filed and he prays for granting bail to the appellant. 5.

The learned Government Advocate (Criminal side) appearing for the respondents 1 and 2 submitted that earlier bail application filed by the appellant was dismissed by the Sessions Court and that the appellant is the HOD of Economics Department, Government Arts College, Karur and he is a womanizer and used to call the female students to his separate room and sexually abused them and the appellant has picked up the identity card of the defacto complainant and called her to his separate room and kissed her and squeezed her breast and also attempted to sexually abused her and immediately, the de-facto complainant came out of the room and lodged this complaint along with other students and in this case, the investigation is pending and if he is released on bail, he will tamper the witnesses and in this case the charge sheet yet to be filed and prays for dismissal of the criminal appeal.

6.The learned counsel appearing for the 3rd respondent submitted that on 09.03.2019 at about 03.

from the room and thereafter, he called through mobile phone and threatened her to meet him and asked about her dressing and the alleged occurrence was informed by the de-facto complainant to her parents and on 25.03.2019, the father of the de-facto complainant went to the college for giving complaint to the Principal and at that time, the appellant threatened the father of the de-facto complainant to receive the transfer certificate of the daughter from the college and subsequently, the classmates of the de-facto complainant told the atrocity done by the appellant and prays for dismissal of the criminal appeal.

7.Heard the learned counsel appearing on either side and perused the materials available on record.

8.It is seen from the records that the de-facto complainant has lodged a complaint on 26.03.2019 stating that she and her college friends were sexually harassed and outrage their modesty by the appellant, at the room situated at the college premises and also threatened with dire consequences.

9.It is also seen from the records that the occurrence was informed by the de-facto complainant to her parents and on 25.03.2019, the father of the de-facto complainant went to the college for giving complaint to the Principal and at that time, the appellant threatened the father of the de-facto complainant and restrained his daughter to receive the transfer certificate from the college and subsequently, the classmates of the de-facto complainant also told the atrocity done by the appellant and in this case, the investigation is pending. The offence is grave in nature and the case is premature. Hence, at this stage, this court is not inclined to grant the relief as sought for by the appellant.

10.In the result, the Criminal Appeal is dismissed with liberty to the petitioner to file a statutory bail application before the trial Court.

Sd/- Assistant Registrar (AE) // True Copy // Sub Assistant Registrar(CS) To 1.The Vacation Sessions Judge, Karur.

2.The Deputy Superintendent of Police, Karur Town, Karur District.

3.The Inspector of Police, All Women Police Station, Karur.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC TO MR.R.MEENAKSHI SUNDARAM,ADVOCATE,SR.71190 Crl. A.(MD)No.237 of 2019 25.06.2019 KK(25.06.2019) 4P 6C