S.Chendrayan v. The State Rep.By

Crl.O.P.No.15183 of 2023 G.CHANDRASEKHARAN.

J.

The petitioner namely S.Chendrayan, who was arrested and remanded to judicial custody on 16.06.2023 for the offences punishable under Sections 324, 366, 376, 511 IPC and 4 of Women Harassment Act in Crime No.135 of 2023 on the file of the respondent police, seeks bail.

2. The learned counsel for the petitioner submitted that, petitioner is falsely implicated in this case in Crime No. 135 of 2023 for the offences under Sections 324, 366, 376, 511 IPC and 4 of Women Harassment Act. Petitioner is in judicial custody from 16.06.2023. Petitioner is innocent. Thus, he prays for grant of bail.

3. The learned Government Advocate (Crl. Side) opposes this petition, on the ground that, petitioner had forcefully attempted to rape the defacto complainant. When defacto complainant's mother visited the house of the petitioner and asked about the conduct of the petitioner, her mother was also beaten. He further submitted that, investigation in this case is pending. Therefore, he prays for dismissal of this bail petition.

4. Considered the submissions and perused the records.

5. It is seen from the first information report allegations that, on 16.06.2023, at about 13.00 hours, when the defacto complainant was working in her farm, petitioner had forcefully lifted her and took her to a thorn forest and tried to rape her. She informed this incident to her mother. When defacto complainant's mother visited the house of the accused at about 7.00 p.m., and asked about the conduct of the accused, she was hit by one Vaathiyar with an iron rod. The copy of the Accident Register shows that , "Alleged history of rape by unknown person on 16.06.2023 at 12.00 p.m., at Ashthayiriyur Village. Had one time of sexual intercourse as per victim. Alleged history of scratch mark over left aspect of neck. He tied her hands and kissed and raped. Alleged history of scratch mark over left foot." Defacto complainant's mother also suffered injuries. Thus, the materials available show that, petitioner attempted to forcefully rape the defacto complainant.

6. Considering the materials available against the petitioner and that investigation in this case is pending, this Court is not inclined to grant bail to the petitioner. Therefore, this Criminal Original Petition is dismissed. 10.07.2023 gd

G.CHANDRASEKHARAN.

J.

gd Crl.O.P.No.15183 of 2023 10.07.2023