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Madras High CourtCRL OP/18006/2022dismissed

Vishal v. The State Rep By Its,

2022-08-02Honourable Mr Justice G.K. Ilanthiraiyan3 pages

Crl.O.P.No.18006 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 22.05.2022 for the offences punishable under Sections 294(b), 452, 352, 354C, 376 & 506(II) of IPC in Crime No.4 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that petitioner entered into the house of the de-facto complainant and committed rape on her. It is further alleged that he had taken the photographs of the de-facto complainant and threatened her not to disclose anything to anyone, otherwise he would spread the photographs in social media. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is not a stranger to the victim and they were known to each other. They had illegal intimacy. Since the de-facto complainant is widow and mother of two children, when they were in obscene position, her daughters have seen the same. Therefore, the de-facto complainant foisted a false case against the petitioner.

4. Whereas, on perusal of the statement recorded under Section 164 of Cr.P.C. revealed that the petitioner is a stranger and he entered into the house of the de-facto complainant and locked her. Thereafter, he raped her and threatened her with knife and also taken several nude photographs of the de-facto complainant. He also threatened her with dire consequences and also attacked her with hands.

5. Therefore, the petitioner had committed a very serious and heinous offence and this Court is not inclined to grant bail to the petitioner. Hence, this Criminal Original Petition is dismissed. 02.08.2022 mpl

G.K.ILANTHIRAIYAN, J.

mpl Crl.O.P.No.18006 of 2022 02.08.2022