C. Vellaisamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Third day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.22138 of 2015 C. VELLAISAMY ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, PALANI, DINDIGUL DISTRICT, CR NO.34 OF 2015. ... RESPONDENT / COMPLAINANT For Petitioner : M/S T.RAMASAMY Advocate For Respondent : M/S.K.Anbarasan Government Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner, who is the sole accused, in Crime No.34 of 2015 on the file of the respondent police, was arrested and remanded to judicial custody on 27.10.2015 for the alleged offences punishable under Sections 9 and 10 of Protection of Children from Sexual Offences Act and hence, seeks bail.
2. The case of the prosecution is that the petitioner is working as a Headmaster in Panchayat Union School at Andipatti. On 05.10.2015 at 3.30 pm, the daughter of the de facto complainant was sexually harassed by the petitioner. On the complaint given by the de facto complainant on 27.10.2015, the case was registered against the petitioner.
3. The learned counsel for the petitioner submitted that the petitioner is working as a Headmaster in the Panchayat Union School for the past 10 years. One Sundaram, who is working as a teacher in the same school, who is the relative of the de facto complainant, did not discharge his duty properly and did not take classes regularly. On receipt of the complaints from the parents, the petitioner advised the teacher Sundaram to take classes properly. In the meantime, on 26.10.2015, the said teacher Sundaram did not take the class and he left the school in the morning itself without permission and leave. This was informed to his superior by the petitioner and the said superior has also issued a memo to the said teacher Sundaram Due to which at the instigation of the said Sundaram, the de facto complainant, who is the relative of the teacher, has given a false complaint against the petitioner. Therefore, the learned counsel prays for enlargement of the petitioner on bail. https://hcservices.ecourts.gov.in/hcservices/
4. The learned Government Advocate (Crl. Side) submitted that the petitioner sexually harassed the daughter of the da facto complainant. He further submitted that that investigation of the case is pending.
5. Considering the facts and circumstances of the case and also considering the fact that the petitioner is in judicial custody right from 27.10.2015, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Palani, Dindigul District and on further condition that the petitioner shall appear before the respondent Police daily at 10.00 am until further orders. sd/- 03/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, PALANI.
2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PALANI, DINDIGUL DISTRICT.
5 THE OFFICER INCHARGE, SUB JAIL, DINDIGUL. +1. CC to M/S T.RAMASAMY Advocate SR.No. 69134. TS/03.12.2015/2P-7C/ DP-SK/SAR - I
ORDER
IN CRL OP(MD) No.22138 of 2015 Date :03/12/2015 https://hcservices.ecourts.gov.in/hcservices/