Moventhan v. Inspector Of Police

Crl.OP.No. 15961 of 2022 Crl.O.P.No. 15961 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 5(1) (1), 5(2) & 5(N) of POCSO Act in Crime No.19 of 2022, seek anticipatory bail.

2. The case of the prosecution is that the 1st accused had love affair with the minor victim girl, aged about 15 years and had physical relationship with the victim girl on several occasions. In fact, the victim girl got pregnant due to their relationship and thereafter the victim girl came from the marriage reception, immediately, the 2nd accused aborted the pregnancy of the victim girl. After enquiry, the Superintendent, Children Home lodged a complaint before the respondent police.

3. The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Therefore, he prays anticipatory bail to the petitioner.

https://www.mhc.tn.gov.in/judis 1/2

Crl.OP.No. 15961 of 2022 G.K.ILANTHIRAIYAN, J.

Lpp

4. The learned Additional Public prosecutor would submit that there are totally 2 accused involved in this case. The 1st accused had love affair with the minor victim girl and had penetrative sexually assaulted on the victim girl. Due to which, the victim girl got pregnant. Thereafter, the 2nd accused had aborted the pregnancy of the victim girl. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the above facts, the petitioner had committed a very serious and heinous offence as against the minor victim girl and as custodial interrogation of the petitioner is very much required, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 12.07.2022 Lpp https://www.mhc.tn.gov.in/judis 2/2