Dinesh v. The State Rep By

T.V.THAMIILSELVI, J., The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 376(2)(i), 376(2)(k), 376 (2)(1), 375(1)(5)(7) of Indian Penal Code, 1860 in Crime No.106 of 2024, on the file of the respondent police, seeks anticipatory bail.

2.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that the petitioner has been falsely implicated in this case based on the confession of the co-accused, as if, the petitioner along with other accused sexually assaulted the victim girl. Hence, he prays to grant anticipatory bail to the petitioner.

3. The learned Government Advocate (Crl.Side) appearing for the respondent raised serious objections stating that the victim girl is a deaf and dumb. On 15.04.2024, the defacto complainant's sister/the victim girl was

found missing and she was traced on the same evening. On the next day, the victim girl was found with abrasion over her body and on 17.04.2024, by night, she was taken to Hospital and it was found that the victim girl was subjected to gang rape. He further submits that the petitioner along with other accused have gang raped the victim girl. If the petitioner is released on anticipatory bail, there is every possibility of the petitioner getting abscond and tampering the witness.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the entire materials available on record.

6. Taking into account the heinous nature of offence, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. 24.06.2024 ssi

T.V.THAMIILSELVI, J., ssi 24.06.2024