Madras High CourtCRL OP(MD)/3019/2024disposed of

Johnson Rajaprabhu v. The Deputy Superintendent Of Police

2024-02-27Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2024

CORAM:

THE HONOURABLE Mr. JUSTICE SATHI KUMAR SUKUMARA KURUP Johnson Rajaprabhu ... Petitioner/Sole Accused Vs.

1.The Deputy Superintendent of Police, Maniyachi, Tuticorin District.

...1st Respondent / Nil 2.The Inspector of Police, A WPS-Kadambur, Tuticorin District.

(Crime No.2 of 2024) ...2nd Respondent/Complainant 3.Deivakani ...3rd Respondent/De-facto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned Sessions Judge, Special Court for POCSO Act Cases, Tuticorin to consider the bail application of the Petitioner on the day of his surrender in respect of Crime No.2 of 2024 dated 05.02.2024 on the file of the second Respondent Police. For Petitioner : Ms.M.Benazir Begum For R-1 and R-2 : Mr.M.Veeranthiran Government Advocate (Criminal Side) 1/4

ORDER

The learned Counsel for the Petitioner submitted that the Petitioner is a sole accused in Crime No.2 of 2024 dated 05.02.2024 and he had filed this Criminal Original Petition seeking direction against the learned Sessions Judge, Special Court for POCSO Act Cases, Tuticorin, to consider the bail application of the Petitione on the day of his surrender in respect of Crime No.2 of 2024 dated 05.02.2024 pending on the file of the second Respondent.

2. The learned Government Advocate (Criminal Side) on instructions of the Respondents 1 and 2 would submit that the Petitioner is the Headmaster of the Panchayat Union Primary School and he is alleged to have misbehaved with the IVth standard student. There was no previous case registered against the Petitioner.

3. Considering the submissions of the learned Government Advocate (Criminal Side) and the learned Counsel for the Petitioner, this Court directs the Petitioner to surrender before the learned Sessions Judge, Special Court for POCSO Act Cases, Tuticorin within 15 days from the date of receipt of a copy of this order or from the date of uploading the copy of this order in the official web-site of this Court.

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4. On such surrender by the Petitioner and on filing an application for bail, the learned Sessions Judge, Special Court for POCSO Act Cases, Tuticorin, shall consider the bail application of the Petitioner, after issuing notice to the victim of crime / De-facto complainant and after hearing the objections of the victim of the crime, and shall pass appropriate orders as per law.

5. With the above said direction, this Criminal Original Petition is disposed of.

27.02.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr To 1.The Special Court for POCSO Act Cases, Tuticorin.

2.The Deputy Superintendent of Police, Maniyachi, Tuticorin District.

3.The Inspector of Police, A WPS-Kadambur, Tuticorin District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

Nsr 27.02.2024 4/4