Madras High Court
Sakalakaladharan vs State Of Tamilnadu on 17 July, 2023
Crl.A.No.654 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.07.2023
CORAM
THE HONOURABLE MRS. JUSTICE R. HEMALATHA
Crl.A.No.654 of 2023
Sakalakaladharan ... Appellant
Vs.
1. State of Tamilnadu,
Represented by
the Inspector of Police
All Women Police station (AWPS)
Tindivanam.
Cr.No.14/2023.
2. State of Tamilnadu,
Represented by
the Deputy Superintendent of Police
Tindivanam Sub Division,
Tindivanam.
3. Mohana ... Respondents
Prayer : Criminal Appeal filed under Section 14 (A) (2) of the SC / ST
Act, 1989, to set aside the order, dated 02.06.2023 made in
Crl.M.P.No.1038 of 2023 passed by the Sessions Judge, Special Court
for exclusive trial of cases under POCSO Act, Villupuram and allow this
Criminal Appeal.
Page 1 of 8
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Crl.A.No.654 of 2023
For Appellant : Mr.S.Karthikeyan
For Respondents : Mr.R.Vinothraja,
R1 and R2 Government Advocate (Crl. side)
for R3 : Mr.M.Selvin
JUDGMENT
The present Criminal Appeal has been filed against the orders
passed by the Sessions Judge, Special Court for exclusive trial of cases
under POCSO Act, Villupuram in Crl.M.P.No.1038 of 2023, dated
01.06.2023.
2. The case of the prosecution is that the victim girl aged 14
years is studying in IX std. in a Government School where the
Appellant/Accused is the Head Master. On 10.04.2023, when the victim
had gone to the room of the Appellant/Accused, the appellant had given
her a chocolate and since the victim refused to receive it, the Accused
forcibly put it in her shirt pocket and also pinched her cheek and kissed
her. When the victim tried to escape from him, the accused had hugged
her from behind. Hence, a complaint has been preferred by the mother of
the victim on 21.04.2023.
3. Based on the complaint lodged by the mother of the victim,
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Crl.A.No.654 of 2023
the respondent Police registered an FIR in Crime No.14/2023 on
21.04.2023 against the appellant for the offences punishable under
sections 342, 354 (A) I.P.C. and Sections 9 (f), 10 of POCSO Act, 2013,
and Sections 3 (1)(v)(i) and 3(2)v(a) of SC/ST (Prevention of Atrocities
Act and arrested the appellant on 24.04.2023 and remanded him to the
Judicial custody.
4. Heard Mr.S.Karthikeyan, learned counsel for the appellants
and Mr.R.Vinothraja, learned Government Advocate (Crl. side)
appearing for the respondents 1 and 2 and Mr.M.Selvin, learned counsel
for the 3rd respondent/defacto complainant.
5. The learned counsel for the appellant contended that the
allegations levelled against the appellant are false and he has been in
prison for the past three months. He further contended that he has lost
his job since he has been placed under suspension. He therefore prayed
for enlarging him on bail.
6. Per contra, the learned Government Advocate (Crl. side)
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Crl.A.No.654 of 2023
appearing on behalf of the respondents 1 and 2 submitted that the offence
committed by the appellant is serious in nature and therefore he cannot
be enlarged on bail.
7. Based on the complaint lodged by the mother of the victim,
164 Cr.P.C. statement of the victim was recorded by the Judicial
Magistrate I, Tindivanam in which the victim has stated that the accused
had assaulted her and also hugged her. It is contended by the learned
Government Advocate (Crl. side) that the final report has been filed in
the instant case.
8. Considering the facts and circumstances of the case and also
the submissions made by the counsels appearing on either side, this
Court is of the view that the appellant/accused can be enlarged on bail
with certain conditions.
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Crl.A.No.654 of 2023
9. Accordingly, this Criminal Appeal stands allowed. The
appellant/accused is granted bail on the following conditions:
i. the appellant is directed to execute a bond for a sum of Rs.25,000/-
(Rupees Twenty Five Thousand only) with two sureties, of whom,
one should be a blood relative, each for a like sum to the
satisfaction of the Sessions Judge, Special Court for exclusive trial
of cases under POCSO Act, Villupuram;
ii. the appellant and the sureties shall affix their photographs and Left
Thumb Impression in the surety bond and the Sessions Judge,
Special Court for exclusive trial of cases under POCSO Act,
Villupuram, may obtain a copy of their Aadhar card or Bank pass
Book to ensure their identity;
iii. the appellant is directed to appear before the trial Court everyday
at 10.30 a.m., until further orders;
iv. on breach of any of the aforesaid conditions, the learned
Magistrate/ Trial Court is entitled to take appropriate action
against the appellant in accordance with law as if the conditions
have been imposed and the appellant 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
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Crl.A.No.654 of 2023
5560];
v. if the appellant thereafter abscond, a fresh FIR can be registered
under Section 229A IPC; and
vi. if the appellant does not comply with the condition (i) above, the
Sessions Judge, Special Court for exclusive trial of cases under
POCSO Act, Villupuram, may take them into custody.
17.07.2023
Index: Yes/No
Speaking/Non-Speaking order
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To
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Crl.A.No.654 of 2023
1. The Sessions Judge,
Special Court for exclusive trial of cases
under POCSO Act, Villupuram
2. The Inspector of Police
All Women Police station (AWPS)
Tindivanam.
2. The Deputy Superintendent of Police
Tindivanam Sub Division,
Tindivanam.
4. The Superintendent of Police,
Central Prison,
Cuddalore.
5.The Section Officer,
Criminal Section,
Madras High Court, Chennai.
R. HEMALATHA, J.
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Crl.A.No.654 of 2023
vum
Crl.A.No.654 of 2023
17.07.2023
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