IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN

Crl.O.P.No.13462 of 2022

Calvin @ Calvijoe Ebineser

..Petitioner

Vs.

State Represented by

Inspector of Police,

Polur All Women Police Station,

Tiruvannamalai District.

Crime No.08 of 2022

..Respondent

PRAYER:-

Criminal Original Petition is filed under Section 439 of

Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.08 of

2022, on the file of the respondent Police.

For Petitioner : Mr.S.Parthasarathy

For Respondent : Mr.A.Damodaran,

Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial

custody on 24.04.2022 for the offence under Sections 366, 376(i) &

506(i) of IPC and Sections 3(a), 4, 11(v) and 12 of POCSO Act, 2012,

in crime No.08 of 2022 on the file of the respondent police, seeks

bail.

2. The case of the prosecution is that the petitioner, one

Parameswaran, an Out Reach Worker of District Child Protection

Office, Thriuvannamalai lodged a complaint with the respondent police

alleging that a report was received from the District Collector

Office, Thiruvannamalai, that the victim girl aged about 16 years was

subjected to sexual harassment. During the enquiry, on 22.04.2022,

she alleged to have stated that the petitioner, on the pretext of

love had sexual intercourse with her three months before and later on

she stopped talking with him. Thereafter, the petitioner was alleged

to have shared the information with his friend Vela/A2, who in turn

had threatened the victim girl that the said incident had been

videographed and it is under his custody and asked the victim girl to

talk with the petitioner. The victim girl is said to have denied the

incident and the videograph. Hence, the complaint.

https://hcservices.ecourts.gov.in/hcservices/

3. The learned counsel appearing for the petitioner would

submit that the petitioner had never committed any offence as alleged

by the prosecution and it is a false complaint given by the victim on

the instigation of his enemies. In fact, he also produced a letter

written by the father of the victim girl to the District Collector,

Tiruvannamalai dated 09.05.2022 and it reveals that no such offence

had taken place.

4. The learned Additional Public Prosecutor produced the

statement of the victim girl recorded under Section 164 of Cr.P.C.

5. On verification of the statement, it reveals that the

petitioner had fell in love with the victim girl and due to which she

was called by the petitioner. Thereafter, the petitioner had

misbehaved with the victim girl and she escaped from the petitioner.

However, the friend of the A1, who is arrayed as A2 threatened the

victim girl as if he has the videograph between the petitioner and

the victim girl while they were in close relationship. He also

compelled the victim girl to have physical relationship with him and

if she fails to come with him, he threatened her that he will post

the videograph in the social media.

6. Therefore, the petitioner misbehaved with the victim girl on

the date of occurrence. However, the victim girl escaped from A1. A2

was also arrested and remanded to judicial custody. On the perusal

of the letter written by the father of the victim girl dated

09.05.2022, the entire complaint is a false complaint foisted against

the petitioner and no such occurrence has took place.

7. Considering the above facts and circumstances of the case

and also the period of incarceration of the petitioner from the date

of his arrest on 24.04.2022, this Court is inclined to grant Bail to

the petitioner with certain conditions.

8. Accordingly, the petitioner is ordered to be released on bail

on his executing a bond for a sum of Rs.10,000/- (Rupees ten thousand

only) with two blood related sureties, each for a like sum to the

satisfaction of the learned