P.Vasanthan @ Vasanth v. State Rep By
G.K.ILANTHIRAIYAN, J.
The petitioner, who was arrested and remanded to judicial custody on 23.04.2023 for the alleged offence under Section 376(1) of I.P.C. in Crime No.10 of 2023 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that during the month of October 2021, when the victim was working in night shift with him, he compelled her and had sexual intercourse with her on a false promise that he will marry her. However, she came to know that from 10.04.2023, he has not turned up for attending the work and an engagement was also fixed for his marriage with another woman. Hence, the present complaint was lodged against the petitioner.
3. The learned counsel for the petitioner submitted that he is an innocent person and he has not committed any offence as alleged by the prosecution. He would also submit that he never had any love with her and
the allegations made in the F.I.R. is totally false and at no point of time, he was involved in sexual affair with her. He would submit that having come to know about his engagement, purposely, the present false complaint was lodged by her. Hence, he prayed to grant bail to the petitioner.
4. The learned Additional Public Prosecutor appearing for respondent would submit that when the victim girl is working with him, he compelled her and had sexual intercourse on various dates with a false promise that he will marry her, however, the marriage of accused with another woman was performed, thereby he has committed a penetrative sexual assault on her. Hence, he vehemently opposed to grant bail to the petitioner.
5. It is seen that when a victim girl is working with him, under the pretext of marrying her, he compelled her and had sexual intercourse on various dates and thereafter, the petitioner got married with another woman. Hence, he has committed a serious offence. Considering the facts and circumstances of the case and the submissions made by both counsel
and on considering the gravity of offence committed by the petitioner, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.
04.05.2023 rpp
G.K.ILANTHIRAIYAN, J.
rpp 04.05.2023