Anbarasan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifth day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.201 of 2019 ANBARASAN ... PETITIONER / 1st ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PUDUKKOTTAI DISTRICT.

Crime No.6 of 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.T.LENIN KUMAR Advocate for Mr. T. DHANDAPANI Advocate For Respondent : Mr.S.CHANDRASEKAR, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody since 31.08.2018 for the offence punishable under Sections 9 (f), 9(m), 9(i), 10, 17 of Protection of Children from Sexual Offences Act, 2012 and Section 506 (i) IPC in Crime No.6 of 2018, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner is a Teacher, Panchayat Union Primary School, Pudupatti and taking class to I to III standard students. When the Headmaster was on leave, the petitioner was taking additional class to IV and V standard students also. The complainant's daughter is now studying VI standard at Government High School, Thozhagiripatti Sugar Factory.

When the complainant's daughter was studying V standard in the said School during the academic year 2017-2018, the petitioner said to have sexually harassed the girl students namely Ramya, Shalini, who were studying V Standard and Sathya, Jeyasree, Hasini, Brinda and Mahesh, who were studying III standard and also Deepika and Shalini, who were studying IV Standard. Though the petitioner knows well that the girls are aged about 12 years, he continuously harassed them sexually. Thereby, the complainant lodged a complaint before the respondent police.

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3. The learned counsel appearing for the petitioner would submit that earlier bail application filed by the petitioner was dismissed as withdrawn. He further submitted that the petitioner was arrested on 31.08.2018. Charge sheet has also been filed before the Mahila Court, Pudukottai and the same was assigned by the Sessions Court as Special SC.No.25 of 2018. Hence, he prays bail. 4.The learned Additional Public Prosecutor (Crl.side) would submit that the petitioner being a School Teacher had committed grievous offence against the girl students, who were studying in his School. Though the earlier bail petition of the petitioner was dismissed, there is no change of circumstances. Hence, he vehemently opposed to grant of bail to the petitioner. 5.Considering the heinous crime committed by the petitioner, I am not inclined to grant bail to the petitioner. Accordingly, the Criminal Original Petition is dismissed. However, this Court directs the trial Court to complete the trial in Special.SC.No.25 of 2018 within a period of three months from the date of receipt of a copy of this order.

sd/- 05/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDGE, MAHILA COURT, PUDUKOTTAI.

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

3.THE OFFICER INCHARGE, DISTRICT JAIL, PUDUKOTTAI.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.201 of 2019 Date :05/02/2019 TK/PN/SAR-4/14.02.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/