Syed Thurabudeen v. State Rep By

Crl.OP.No.15806 of 2023 Crl.OP.No.15806 of 2023 G.CHANDRASEKHARAN, J.

This petition is filed to enlarge the petitioner on bail in Crime No.5 of 2023 on the file of the respondent Police.

2.It is the submission of learned counsel for the petitioner that petitioner and his wife has matrimonial discord. The defacto-complainant left the matrimonial home three months back and demanded divorce from the petitioner. When petitioner refused to give divorce, she gave this false complaint using her daughter. He also submitted that defacto-complainant has immoral relationship with one Mani. Petitioner is in judicial custody from 13.05.2023. Thus, he seeks bail.

3.In response, the learned Government Advocate (Criminal side) submitted that petitioner committed sexual assault against his own daughter who was only seven years old. Victim girl had also given Section 164 Cr.P.C. statement confirming the allegations in the First Information Report. 4.Considered the rival submissions and perused the records. 1/2 https://www.mhc.tn.gov.in/judis

Crl.OP.No.15806 of 2023 G.CHANDRASEKHARAN, J.

5.The reading of the Section 164 Cr.P.C. statement of the victim girl shows that petitioner had placed his mouth on the private part of the victim girl and then he had also ejaculated semen on the private part of the victim girl.

6.Considering the nature and seriousness of the offence alleged against the petitioner, that the investigation is not completed, this Court is not inclined to grant bail to the petitioner. 7.Accordingly, this Criminal Original Petition is dismissed. 25.07.2023 ep Crl.OP.No.15806 of 2023 2/2 https://www.mhc.tn.gov.in/judis