Iyyappan v. The State Rep By

P.DHANABAL,J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 5(i),5(j)(ii) and r/w Section 6 of POCSO Act 2012 in Crime No.4 of 2024, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner sexually assaulted the victim girl, due to which she became pregnant and gave birth to a female child. It is stated that the petitioner and his family members are refusing to marry the victim girl and she is residing along with his mother. Hence, the complaint.

3.The learned counsel for the petitioner would contend that the petitioner is a innocent and he has not committed any offence as alleged by the prosecution. Hence prays to grant anticipatory bail to the petitioner.

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4. The learned Government Advocate stated that the petitioner had committed penetrative sexual assault on the victim girl many times, due to which she had become pregnant and gave birth to a female child. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. A perusal of the statement recorded under Section 164 of Cr.P.C of the victim child very clearly shows that she had reiterated the statements in the complaint.

6. Considering the grave nature of offence charged against the petitioner and considered the facts and circumstances of the case , this Court is not inclined to grant anticipatory bail to the petitioner.

7. Hence, this Criminal Original Petition stands dismissed. 13.08.2024 smn 2/3

P.DHANABAL,J.

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