A.Suresh Kumar v. Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 22.03.2024 for the offences punishable under Sections 376(2)(f), 376(2)(n) and 506(i) of IPC in Crime No.04 of 2024, on the file of the respondent police seeks bail.

2.The case of the prosecution is that the defacto complainant's sister namely Nandhini got acquaintance with the petitioner and married the petitioner 5 years ago. After the marriage it is alleged that the petitioner demanded dowry from his wife and assaulted hesr. It is further alleged that, three months ago the petitioner's wife felt sick and the result of the same, defacto complainant being the sister of the petitioner's wife visited the petitioner's house, where the petitioner is alleged to have misbehaved and forcibly raped the defact complainant and also threatened to kill her and her sister, if she inform the same to other and also it is alleged that the petitioner blackmailed the defacto complainant stating that he would upload the photos and videos of the defacto complainant in the face book and whatsapp and had intercourse with the defacto complainant. As the result of the same, the defacto complainant was said to have 1/5

consumed the pesticide and attempted to suicide. Hence the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner has been suffering incarceration from 22.03.2024 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he seeks for grant of bail to the petitioner. 4.The learned Government Advocate (Crl.Side) appearing for the respondent opposed for granting bail to the petitioner stating that the the victim girl is the sister of the petitioner's wife. The petitioner sexually assaulted the victim girl and threatened her to marry him, since he has no child with his wife/sister of the victim girl. If the petitioner is enlarged on bail he will tamper the evidence and hamper the witnesses.

5.Considering the facts and circumstances, and also considering the submissions made by the learned Government Advocate (Crl.Side), and considering the gravity of the offence committed by the petitioner, this Court is not inclined to grant anticipatory to the petitioner. 2/5

6. Accordingly, this Criminal Original Petition is dismissed. 10.06.2024 ah 3/5

T.V.THAMILSELVI, J.

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