IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, J.
Gurucharan Sivaraj - Appellant
Versus
The Director General of Police, Government of Tamil Nadu - Respondent
W.P.No.3727 of 2025 and W.M.P.No.4112 of 2025
Decided on : 21-02-2025
ORDER :
This Writ Petition has been filed to direct the third respondent to comply with the orders dated 10.01.2025 and 21.01.2025, passed by the learned Sessions Judge, Magalir Neethi Mandram, Nilgiris, thereby, directing to complete the investigation in Zero FIR No.1 of 2025, dated 06.01.205 and file a charge sheet within the time frame fixed by this Court.
2.The petitioner is the father of the minor victim girl. The victim is studying 9th standard in a boarding school at Ooty. The accused 1 & 2 are maternal grandfather and aunt of the victim girl. The victim girl used to spend her Winter holidays at her grandfather and aunt's house at Bangalore and the same continued even after the demise of her mother. On 04.12.2024, the petitioner and the victim girl went to her grandfather's house to spend her Winter holidays. After completion of her holidays, on 09.12.2024, she returned to Ooty. While she was with her grandfather, he threatened the victim girl and took her phone and transferred all her personal photos to his phone without her permission and abused her physically and verbally. Further, he also threatened her with dire consequences. While she was staying with her grandfather, on 02.01.2025, when the victim girl was sleeping with her grandmother, her grandfather went to their room and he misbehaved with her. He also sexually assaulted her. However, the victim did not tell to her grandmother as she was in a state of shock. Thereafter, her aunt attempted to take her finger prints. When the victim refused to do so, her grandfather dragged her down the staircase by pulling her hair and pushed her to the sofa and had beaten her. When the petitioner went to Bangalore to pick up her, he was not allowed to go inside the house and as such, the petitioner called the local police and they came to rescue the victim from her grandfather. Immediately, she was taken to Skanda Health Care at Bangalore and she was treated for her injuries sustained on her Nose. Thereafter, they came to Ooty on 04.01.2025.
2.1.The petitioner received a phone call from the relatives and friends informing that the victim's grandfather had shared the personal photographs of the victim girl along with screenshots of Whatsapp and abusing the victim and tarnishing her image by morphing her photo with nude photographs. Therefore, a complaint was lodged and on receipt of the same, the third respondent registered a Zero FIR in Zero FIR No.1 of 2025 as against the victim's grandfather and aunt for the offences under Sections 7 & 8 of the POCSO Act, Section 115 (2) of the BNS Act and Section 67A of the Information Technology Act, 2000.
2.2.Pursuant to the registration of the FIR, the accused moved application seeking anticipatory bail before the learned Session Judge, Magalir Neethi Mandram, Nilgiris. The learned Session Judge, Magalir Neethi Mandram, Nilgiris, passed an interim order, thereby directing the third respondent not to arrest the accused on appearance on condition to deposit for a sum of Rs.10,00,000/- jointly on or before 21.01.2025. Further, directed the third respondent to complete the investigation expeditiously and file a final report and imposed a condition that the accused shall not leave Ooty until further orders. On 21.01.2025, when the counsel for the victim appeared and produced medical records of the physical abuse made by the accused and also produced the photographs, which were allegedly the accused had sent it to the victim's friends, relatives and her classmates, the Trial Court directed the third respondent to conduct investigation and file a preliminary report with the aid of the Cyber Crime Division of Ooty on 27.01.2025. However, no preliminary report was filed by the third respondent on 27.01.2025 and they filed a report stating that they have no jurisdiction to conduct the investigation since the entire occurrence had taken place at Bangalore. The learned Session Judge, Magalir Neethi Mandram, Nilgiris, dismissed the anticipatory bail pet
Jurisdiction for investigation extends to areas where crime consequences manifest, allowing local police to act despite part of the crime occurring outside their territory.
Child abuse - Household work and beating - Amicable settlement between parties - Rejection of petition to quash criminal proceedings - Outcome of cases which have impact upon society cannot be dispos....
Charges under POCSO can be framed without new allegations if based on existing evidence, emphasizing the seriousness of claims made against the accused.
The court ruled that procedures regarding the protection of minors' identities and appropriate investigations must be strictly adhered to, ensuring justice and safeguarding against abuses of power in....
The immateriality of consent in cases involving minors and the potential misuse of sensitive material influenced the court's decision to dismiss the anticipatory bail petition.
The court's decision was influenced by the progress of the investigation, the nature of the offenses, and the potential impact on the complainant in granting bail to the appellants.
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