The Criminal Original Petition for bail under Section 439 Cr.P.C. was filed by a teacher accused of sexually abusing minor girls under the POCSO Act. The Court rejected the bail plea, citing the gravity of the offence, the petitioner's third prior bail application, and the lack of changed circumstances.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Tuesday, the Twenty First day of December Two Thousand Twenty One
PRESENT
The Hon`ble Mr Justice M.DHANDAPANI
CRIMINAL ORIGINAL PETITION No.25122 of 2021
SPECIAL S.C.NO.42/2021
(ON THE FILE OF THE LEARNED SESSIONS JUDGE SPECIAL COURT, UNDER POCSO
ACT, NAGAPATTINAM)
G.GNANASKANDHAN [ PETITIONER / ACCUSED ]
Vs
STATE REP.BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MAYILADUTHURAI DISTRICT. CRIME NO.41/2021.
[ RESPONDENT ]
For Petitioner : M/S.C.IYYAPPARAJ Advocate
For Respondent : MR.S.BALAJI, Govt. Advocate ( Crl. Side)
PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioner, who was areested and remanded to judicial custody on 12.08.2021 for the offence punishable under Section 12 of POCSO Act 2021 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, Section 11(1), 9(1), 9(f) of POCSO Act, 2012 in Crime No.41 of 2021 on the file of the respondent police, seek bail.
2.The case of the prosecution is that the petitioner worked as a Maths Teacher in KSO High School, Manganallur, Mayiladuthurai District. Further the petitioner sexually abused the minor girls, who studying in that school. Hence the complaint.
3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely
implicated in this case and he has been in jail from 12.08.2021. Hence, he prays for grant of bail to the petitioner.
5.Considering the gravity of offence and earlier petition was dismissed by this Court and there is no change of circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, this criminal original petition is dismissed.
-sd/-
21/12/2021
This order, on being produced, be punctually observed and carried into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104. TO
1 THE SESSIONS JUDGE SPECIAL COURT, UNDER POCSO ACT, NAGAPATTINAM.
2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MAYILADUTHURAI, MAYILADUTHURAI DISTRICT.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE OFFICER INCHARGE SUB JAIL, MAILADUTHURAI.
CC to M/S.C.IYYAPPARAJ Advocate on payment of necessary charges
CRL OP.25122/2021
Date :21/12/2021 TA-30/12/2021
3 issues framed by the court
Whether bail should be granted to the petitioner accused of sexual abuse of minor girls under the POCSO Act.
Whether the gravity of the offence and the petitioner's fourth bail application warrant refusing bail.
Whether there is any change of circumstances to reconsider the earlier dismissal of the bail petition.
4 provisions across 3 enactments
G.GNANASKANDHAN
STATE
M DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
