E.Uthayabaskaran v. The State Rep By

Crl.O.P.No.1171 of 2024 C.V.KARTHIKEYAN,J.

The petitioner in Crime No.21 of 2023, registered by the respondent for the offences under Sections 376, 354(c), 417, 506(i) of IPC, seeks bail. The petitioner had been remanded to judicial custody on 16.11.2023. 2.The petitioner is aged 29 years. He is married and he has a son. The victim was aged 18 years. It is contended by the learned Government Advocate (Crl. Side) for the respondent that the victim was actually a minor when the incident happened.

3.It is the case of the prosecution that the petitioner herein had lured the victim by stating that he is an advocate and forged a friendship and later, committed sexual intercourse with her. Only thereafter, she came to know that he was a married man and that he was not an advocate. 4.The learned counsel for the petitioner, had sought adjournment by stating that the Investigating Officer was related to the victim but however, that statement is false. The Investigating Officer is not related to the victim. There is a Sub-inspector of Police working in the police department who is related but not in the same station. Therefore, there has been an attempt to divert the mind of the Court from examining the actual facts. The statement of the victim under 1/3

Section 164(5) Cr.P.C., has been recorded and this Court had examined the same. In the said statement, the victim had very clearly stated that she had been lured into the net of the petitioner herein by stating false facts particularly about his marital status and about his avocation as an advocate. 5.It had also been stated that he also had taken photograph of the victim and had threatened her that he would publish it to everybody, as a matter of fact, he had shown it to her relatives.

6.Taking all these factors into consideration and also the fact that there are two previous cases against the petitioner herein in one of which he had been acquitted but the other is pending trial in Crime No.4438 of 2020 registered under Sections 294(b), 285 and 506(ii) of IPC in H-5, New Washermenpet Police Station, Chennai, I am not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed. 24.01.2024 ata 2/3

C.V.KARTHIKEYAN,J.

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