K.Thamizhselvan vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 07.10.2022 for the offences under Section 9(f) and 10 of POCSO Act in Cr.No.423 of 2022, on the file of the respondent police, seeks bail.

The case of the prosecution is that the defacto complainant is a mother of victim girl, aged about 16 years alleging that the petitioner abused and misbehaved with her minor daughter. Hence, the complaint.

The learned counsel for the petitioner submitted that he has not at all committed any offence as alleged by the respondent police and the respondent police registered a case based on a false complaint given by mother of victim girl. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 48 days from 17.10.2022. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) raised objection stating that he gave sexual harassment to the minor victim girl and he was implicated as accused based on the complaint given by mother of student,. Now, he is working as Government School Headmaster and he has no previous antecedents. Since he being a Government servant, there is no possibility of absconding and he was also suspended from his service.

On considering the fact that since the petitioner being a Government servant, there is no possibility of absconding and also considering the fact that investigation almost completed and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions. Furthermore, this court is inclined to advise the school authorities concerned to transfer him to any other school.

Accordingly, the petitioner is ordered to be released on bail 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 Special Court for Exclusive Trial of cases under POCSO Act, Cuddalore, and on further conditions that:

(a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall report before the respondent police on every Friday and Saturday at 10.30 a.m. for the period of three months and he shall appear before the trial court for every hearing without fail and he shall not have any communication with the victim girl.

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioner shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.