Jacob Manohar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL MP(MD) No.2491 of 2018 IN CRL OP(MD) No.3239 of 2018 JACOB MANOHAR ... PETITIONER/PETITIONER Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE KULASEKARANPATTINAM POLICE STATION, THOOTHUKUDI DISTRICT (CRIME NO. 22 OF 2018) ... RESPONDENT/COMPLAINANT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to relax the condition imposed in Crl.O.P.(MD).NO. 3239 of 2018 dated 01.03.2018 Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.R.ANAND, Advocate for the petitioner and of MR.M.ANANTHA DEVI, Government Advocate (Crl.side) on behalf of the Respondent the court made the following order:- This Criminal Miscellaneous Petition has been filed to relax the condition imposed in Crl.O.P.(MD)No.3239 of 2018, dated 01.03.2018.

2.The petitioner is employed as a Head Master of T.D.T.A. Higher Secondary School. Crime No.22 of 2018 was registered by the respondent police for the offences punishable under Sections 11(1) and 12 of the Protection of Children from Sexual Offences Act, 2012. Even though the allegations made against the petitioner are very serious, anticipatory bail has been granted to him. However, the petitioner was directed to stay at Villupuram and report before the Inspector of Police, Town Police Station, Villupuram. Even during this period, two out of three victims have given their statements under Section 164 Cr.P.C. before the learned Judicial Magistrate, Srivaikundam, withdrawing the earlier allegations against the petitioner, which shows that the petitioner is capable of tampering with the witnesses. As of now, only one victim stood by his earlier https://hcservices.ecourts.gov.in/hcservices/

allegation while being examined under Section 164 Cr.P.C., before the learned Judicial Magistrate, Srivaikundam. If the condition imposed on the petitioner is relaxed, he would certainly tamper with the said witness also. Therefore, this Court finds no merit in this Petition. Hence, this Criminal Miscellaneous Petition is dismissed. sd/- 05/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THIRUCHENDUR.

2 THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI DISTRICT.

3 THE INSPECTOR OF POLICE KULASEKARANPATTINAM POLICE STATION, THOOTHUKUDI DISTRICT 4 THE INSPECTOR OF POLICE, TOWN POLICE STATION, VIZHUPURAM.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. C.C. to M/S.R.ANAND Advocate SR.No.5456

ORDER

IN CRL MP(MD) No.2491 of 2018 IN CRL OP(MD) No.3239 of 2018 Date :05/04/2018 SMA/RR-CSL/SAR-4/09.04.2018:2P/7c https://hcservices.ecourts.gov.in/hcservices/