Madras High Court
Geetha vs The State on 27 January, 2023
Crl.A.No.28 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 27.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
Crl.A.No.28 of 2023
Geetha ... Appellant
Vs.
1.The State,
rep. by the Deputy Superintendent of Police,
Perundurai Police Station, Erode District.
2.The Inspector of Police,
Perundurai Police Station,
Perundurai, Erode District.
3.Jayanthi
(Crime No.885 of 2022)
... Respondents
Prayer: Criminal Appeal has been filed under Section 14(A)(2) of Scheduled Caste and
Scheduled Tribes Act, 1989 to set aside the order passed by the learned Principal District
and Sessions Judge, Erode in Crl.M.P.No.3954 of 2022 dated 02.01.2023 and enlarge the
appellant/accused on bail in connection with the Crime No.885 of 2022 dated 30.11.2022
on the file of the Inspector of Police, Perundurai Police Station, Erode District.
For Petitioner : Mr.V.Sivalingam
For Respondent : Mr.C.E.Pratap,
Government Advocate (Crl. Side) for R1&R2
Mr.K.C.Karl Marx for R3
Page 1 of 6
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Crl.A.No.28 of 2023
ORDER
Challenging the impugned order passed in Crl.M.P.No.3954 of 2022 dated
02.01.2023 on the file of the learned Principal District and Sessions Judge, Erode, this
Criminal Appeal has been filed under Section 14(A)(2) of Scheduled Castes and
Scheduled Tribes Act, 1989.
2. The learned counsel for the appellant has submitted that the respondents 1
and 2 had registered a case against the appellant in Crime No.885 of 2022 on 30.11.2022
for the offences under Sections 284 of IPC, 75 of Juvenile Justice (Care and Protection of
Children) Act 2015 and 3(1)(r), and 3(1)(j) of SC/ST(POA) Amendment Act, 2015, in
pursuance of the complaint given by one Jayanthi, who is the third respondent/defacto
complainant. On the basis of the complaint, the police registered a case and arrested the
appellant/accused on 03.12.2022 and remanded her to judicial custody. The learned
counsel has further contended that the petitioner is working as Headmistress in the
Panchayat Elementary school, Palakkarai, and alleged victims are studying in that school.
The allegation against the appellant/accused is that she directed the victim students to
clean the toilets used by the students in the school and the brother of the defacto-
complainant/third respondent with a view to spread the same in the media, subsequently
taken the photograph to prove that the victims have cleaned the toilets. The learned
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Crl.A.No.28 of 2023
counsel further submitted that the appellant is in the judicial custody from 03.12.2022 and
a Final Report has also been filed and hence seeks to grant bail to the appellant.
3. The learned Government Advocate(Criminal Side) appearing for
respondents 1 and 2 objected for granting bail to the appellant on the ground that the
appellant, who is the Headmistress of the school, used the students studying in the school
for manual scavenging of the school toilets and hence, the bail petition may be dismissed.
4. The learned counsel appearing for the third respondent/defacto complainant
objected to grant bail contending that the appellant/accused has used the students studying
in the school for cleaning the toilets with the poisonous cleaning substance, which would
affect the health of the children. The learned counsel further contended that the third
respondents son Bhuvanesh, aged about 10 years, who is studying in V standard in that
school also used for the said cleaning work and suffered with illness. Hence, the bail
petition may be dismissed.
5. On a perusal of the materials on record, it is seen that the respondents 1 and
2 had registered a case in Crime No.885 of 2022 on 30.11.2022 for the offence under
Sections 284 of IPC, 75 of Juvenile Justice (Care and Protection of Children) Act 2015
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Crl.A.No.28 of 2023
and 3(1)(r), and 3(1)(j) of SC/ST(POA) Amendment Act, 2015 against the appellant on a
complaint given by the mother of the victim, the third respondent herein. A perusal of the
allegation in the FIR is that the victim Bhuvanesh, aged about 10 years, who is studying
in V standard in the Panchayat Elementary School, belonged to Hindu Sakkiliyar
Community and on 21.11.2022, he was admitted in the hospital for treatment of Dengue
Fever. On enquiry, it came to know that he was engaged by the school Headmistress, the
appellant herein, for cleaning the school toilets, due to which, he suffered. In such
circumstance, the defacto complainant/third respondent lodged a complaint against the
appellant and a case has been registered and investigation has also been completed and
Final Report also filed.
6. Considering the period of incarceration suffered by the appellant and Final
Report has also been filed in this case, this Court is inclined to enlarge the appellant on
bail. Accordingly, the order under challenge is set aside and the criminal appeal is
allowed.
7. Accordingly, it is ordered as follows.
(i) The appellant is directed to be enlarged on bail on condition that the appellant
shall execute a bond for a sum of Rs.25,000/- (Rupees ten thousand only) with two
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Crl.A.No.28 of 2023
sureties each for a like sum to the satisfaction of the learned Principal District and
Sessions Judge, Erode.
(ii) The appellant and the sureties shall affix their photographs and Left Thumb
Impression in the surety bond and the Trial Court may obtain a copy of their Aadhar card
or Bank pass Book to ensure their identity.
(iii) The appellant shall appear before the Trial Court as and when required.
27.01.2023
Index:Yes/No
Internet:Yes/No
raa
Note: Issue the copy of the judgment on 30.01.2023.
To
1.The Principal District and Sessions Judge, Erode.
2.The Superintendent, Women Central Prison, Coimbatore.
3.The Public Prosecutor, High Court, Madras.
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Crl.A.No.28 of 2023
V.SIVAGNANAM, J.
raa
Crl.A.No.28 of 2023
27.01.2023
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