David Sivagnanam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13787 of 2023 David Sivagnanam ... Petitioner/Sole Accused Vs The State represented by The Inspector of Police, All Women Police Station, Natham, Dindigul District.

(Crime No.29 of 2023).

... Respondent/Complainant For Petitioner : M/s. Muthu Ganesa Pandian.K, For Respondent : Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.29 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 05.04.2023 for the alleged offence under Sections 9(f) r/w 10 of POCSO Act, 2012, in Crime No.29 of 2023, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the accused, who is working as

B.T.Assistant in Panchayat Union Middle School, Kasampatti, Natham, Dindigul District, was allegedly involved in physical touch of nearly 19 minor girls, who are studying in his class and interrogating with them using abusive language. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. The investigation has been completed in this case. Due to wordy quarrel with the coworking teachers, a false complaint has been foisted against him. The petitioner is in custody from 05.04.2023. Hence, prays to release him on bail. 4.The learned Additional Public Prosecutor submitted that in this case, trial has been commenced, PW1 was examined. Without cross-examining PW1, the petitioner has approached this Court seeking bail. Considering the nature of offence, prays to dismiss the petition.

5.Since the trial has commenced, the petitioner has to approach the trial Court and seek bail. Giving this liberty, this Criminal Original Petition stands dismissed.

sd/- 28/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pnm TO 1 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, NATHAM, DINDIGUL DISTRICT.

THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.13787 of 2023 Date :28/07/2023 SS/VR/03/08/2023/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023