V.BALASUBRAMANIAN Vs. STATE
LAWS(MAD)-2022-10-63
HIGH COURT OF MADRAS
Decided on October 17,2022

V.BALASUBRAMANIAN Appellant
VERSUS
STATE Respondents


Referred Judgements :-

P K SHAJI ALIAS THAMMANAM SHAJI VS. STATE OF KERALA [REFERRED TO]


JUDGEMENT

A.D.JAGADISH CHANDIRA,J. - (1.)The petitioner, who was arrested and remanded to judicial custody on 5/9/2022 for the offences punishable under Ss. 9(f), 12 r/w 10 of Protection of Children from Sexual Offences Act, 2012, in Crime No.11 of 2022 on the file of the Respondent police, seeks bail.
(2.)The case of the prosecution as per the de-facto complainant/mother of the minor victim girl, is that her minor daughter was undergoing tuition under the petitioner, while so, on 1/9/2022, the petitioner had sent all other students out and when her minor victim girl was alone, had spoken filthy and hugged her and also intimidated her that not to disclose it to any body. Hence the case.
(3.)The learned counsel appearing for the petitioner would submit that the petitioner is a teacher who has been successfully running tuition centre for 25 years and has also trained several students. He would further submit that the petitioner used to be strict master and it was not liked by certain people. He would also state that he had reprimanded the de-facto complainant's daughter and had compelled her to attend tuition, which was objected by the de-facto complainant and due to some misunderstanding, a false complaint has been given against him. He would further submit that even taking into consideration the allegations, there is no averment that the petitioner has inappropriately touched the victim girl. The learned counsel would submit that though the petitioner has been running tuition centre for about 25 years, he had never been brought to any adverse notice from the parents of his students. He would further submit that though the alleged occurrence is stated to have taken place on 1/9/2022, the victim girl has stated to have gone on a school tour on the next day and that would create a doubt with regard to the prosecution case. He would also submit that the petitioner is in custody from 5/9/2022 and hence, he prays for grant of bail to the petitioner.


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