Madurai bench of the Madras HC frowns at candidates with criminal background

Madurai: “It is a curse on our nation that persons like the petitioner alone may contest in the election and having more criminal cases has become a non-prescribed qualification to get nominated for a contest,” said the Madurai bench of the Madras High court in a case related to an aspirant in a local body election who sought anticipatory bail, apprehending arrest for alleged sexual harassment of a minor girl.

Thoothukudi police had registered various cases including offenses punishable under sections 7 & 8 of the POSCO Act against the petitioner Esakki Raj, a textile businessman from Srivaikundam for allegedly sexually abusing a minor girl. Fearing that the sexual abuse case pending with police would become a hurdle to him to contest in the local body election, Esakki Raj filed for anticipatory bail, claiming that he only scolded the girl when she broke bottles in his shop, but police had wrongly framed charges of sexual harassment against him.

Significantly, when the judge heard the girl in his chambers, she also said that the petitioner had abused and assaulted her for breaking the glass in his shop.
However, when the court examined the statements obtained from her by the prosecution under section 164 Cr.P.C and the Child Welfare committee and medical records, the judge was shocked to find the girl had given a false statement before this court, contrary to the statement given before the magistrate in the lower court.

The court said it was a fit case for subjecting the petitioner to custodial interrogation to unearth the real facts rather than allowing him to wander scot-free.