Saravanan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty First day of January Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.377 of 2016 SARAVANAN ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, TIRUPPATHUR, SIVAGANGAI DISTRICT.
CRIME NO. 11/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S J.JEYAKUMARAN Advocate For Respondent : MR.P.KANNI THEVAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as sole accused, in Crime No.11 of 2015 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 12 of Protection of Children from Sexual Offences Act and hence, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner, who is working as a Teacher in Vallal Pari Higher Secondary School, Piranmalai, Tirupathur Taluk, Sivagangai District, misbehaved with the victim girl namely Gunavathi, D/o.Kumar, who is studying 7th standard. She gave a complaint to the Headmaster of the School. After conducting enquiry, the Headmaster/defacto complainant gave complaint before the respondent police. Based on the complaint, a case has been registered against the petitioner.
3. The case of the petitioner is that the petitioner is innocent and he has not committed any offence, as alleged by the prosecution. The victim girl and one Ramu @ Santhosh fell in love with each other and exchanged letters. When the petitioner brought the same to the notice of the defacto complainant/Headmaster, the victim girl and Ramu @ Santhosh gave apology letters to the defacto complainant and assured that they will behave properly and study well. It is alleged that on the day of incident, the victim girl was sitting in the class room and when the petitioner made enquiry, she started crying.
4. The learned Government Advocate (Criminal Side) has filed the counter-affidavit and submitted that the petitioner misbehaved with the victim girl and the investigation is pending. https://hcservices.ecourts.gov.in/hcservices/
5. Considering the facts and circumstances of the case and also
considering the statement made by the victim girl, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Tiruppathur and 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 Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m., until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.
6. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 21/01/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE ,TIRUPPATHUR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,SIVAGANGAI DISTRICT. 3 THE INSPECTOR OF POLICE,ALL WOMEN POLICE STATION, TIRUPPATHUR, SIVAGANGAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S J.JEYAKUMARAN Advocate SR.No.3603 PS CSL/JGB-DP/SAR-I/28.01.2016/2P/6C
ORDER
IN CRL OP(MD) No.377 of 2016 Date :21/01/2016 https://hcservices.ecourts.gov.in/hcservices/