Katturaja v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Katturaja ... Petitioner / accused(sole) in all petitions
Versus
The State represented by its Inspector of Police, Puliyangudi Police Station, Tenkasi District, [Crime Nos.108,109,107 and 110 of 2024]
...Respondent/ Complainant
in all petitions in all the petitions:
For Petitioner : Mr.J.Anandha Kumar, Advocate for M/s.S.Sivakumar, Advocate For Respondent : Mr.T.Antony Sahaya Prabahar Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail's in Crime Nos. 108,107,109 and 110 of 2024 on the file of the Respondent Police.
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COMMON ORDER : The Court made the following order :- The respondent police registered four cases as against this petitioner in Crime Nos.108, 107, 109 and 110 of 2024 for the offence under Sections 5(m), 5(1), 6, 9(m), 9(1) and 10 of the Protection of Children From Sexual Offences Act, 2012 and Section 506 (1) of IPC and remanded him into judicial custody on 07.03.2024. Therefore, the petitioner has filed these petitions seeking bail. 2.The case of the prosecution is that all the four cases are similar in nature. The defacto complainants are neighbours of the petitioner. During the month of May 2023 when the minor children of the defacto complainants were playing in front of their houses, the petitioner is alleged to have taken them into his house with with bad intention and molested them.
3.The learned Counsel for the petitioner submits that the petitioner is having civil dispute with one of the defacto complainant and therefore, these cases have been foisted. The learned counsel has also pointed out that the alleged incidents are said to have taken place 10 months prior to the date of complaints and therefore, the children have been tutored to give such statements. He also claimed that the petitioner, who was arrested on 27.03.2024 is in jail for the past 75 days. 2/4
4.The learned Additional Public Prosecutor submits that those incidents have taken place 10 months back, the children were unaware of the offence of such nature. When they were taught about the good touch and bad touch by the Teacher, the victim girls informed the incidents to the Teacher, who in turn informed the same to their parents. Thereafter the parents have lodged the complaints. The learned Additional Public Prosecutor has also produced the statements of the victim girls recorded under Section 164 CrPC.
5.This Court considered the rival submissions and perused the materials placed on record.
6.All the four victim girls are neighbours and they have narrated in their statement about the offence committed on them. They being minor children were unaware that an offence had been committed on them by the accused. When the Teacher taught them about good touch and bad touch, they realised that they were subjected for bad touch. Though the petitioner attributed motive that due to civil dispute false complaints have been lodged against him, he has not produced any material to substantiate the same. Considering the gravity of the offence committed 3/4
on the four school going children, this Court is not inclined to entertain these bail applications at this stage. Accordingly, these criminal original petitions are dismissed.
sd/- 10/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
DSK TO 1 THE INSPECTOR OF POLICE PULIYANGUDI POLICE STATION, TENKASI DISTRICT. 2 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN Date :10/06/2024 SS/VR/SAR- /14/06/2024/4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4