K.Vivek v. Assistant Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN K.Vivek ... Appellant Vs.

1.Assistant Commissioner of Police, Kongu Nagar Range, Tiruppur City 2.The State represented by Inspector of Police, AWPS Kongu Nagar, Tiruppur City (cr.No.19 of 2025) 3.Kalaiselvi ... Respondents PRAYER: Criminal Appeal filed under Section 14(A)(2) of SC and ST Act, 1989, praying to set aside the order dated 08.05.2025 made in Crl.MP.No.55 of 2025 passed by the learned Special Court for Trial of Cases under SC/ST (PoA) Act, Tiruppur and to allow the criminal appeal and enlarge the appellant on bail.

For Appellant : Mr.J.Franklin For Respondents For R1 & 2 : Mr.S.Raja Kumar, Additional Public Prosecutor

JUDGMENT

This Criminal Appeal has been preferred against the order dated 08.05.2025 made in Crl.MP.No.55 of 2025 passed by the learned Special Court for Trial of Cases under SC/ST (PoA) Act, Tiruppur, thereby denied bail to the appellant.

2.

The petitioner is the sole accused in crime No.19 of 2025 registered for the offence under Sections 64 & 69 of BNS Act and Sections 3(1)w(i), 3(1)(w)(ii) of SC/ST(PoA) Amendment Act. It is alleged that the petitioner and the victim fell in love and on the pretext of marriage, the petitioner had sexual intercourse with the victim. Therefore, she conceived and delivered a baby. However, the appellant disputed the he was not the reason for delivering baby by the victim and he is not the biological father of the child born to the victim. 3.

Heard, the learned counsel for the appellant, learned Additional Public Prosecutor for respondents 1 & 2 and perused the materials available on record.

4.

Admittedly, the petitioner fell in love with the victim and however, he denied the pregnancy of the victim through him. It is seen that the petitioner has committed very serious and heinous offence against the victim as he committed rape on her on the pretext of marriage. Therefore, the trial court rightly dismissed the petition seeking for bail and as such, this Court is not inclined to entertain this criminal appeal.

5.

Accordingly, this criminal appeal is dismissed. 06.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok

G.K.ILANTHIRAIYAN, J.

lok To 1.The learned Special Court for Trial of Cases under SC/ST (PoA) Act, Tiruppur 2.Assistant Commissioner of Police, Kongu Nagar Range, Tiruppur City 3.Inspector of Police, AWPS Kongu Nagar, Tiruppur City 4.The Public Prosecutor, Madras High Court.

06.06.2025