Vijay v. Rep By The Inspector Of Police

Crl.O.P.No.17191 of 2023 RMT.TEEKAA RAMAN, J.

The Petitioner, who apprehends arrest at the hands of the Respondent police for the offence punishable under Section 375 of IPC in Crime No.75 of 2023 on the file of the Respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 19.07.2023 the Defacto Complainant namely one Vanitha gave a complaint before the Respondent police, due to the wordy quarrel with the defacto complainant Vanitha, the accused had sexual relationship with his brother's daughter viz., Roja, who aged about 26 years, these Petitioners were present at the scene of occurrence. Hence the complaint.

3.The learned Counsel for the Petitioner would submit that it is a false allegation. Hence, he prays for grant of anticipatory bail to the Petitioners. 4.The learned Government Advocate (Criminal Side) for the Respondent would submit that the victim girl is a person with unsound mind. Taking advantage of the unsound mind of the victim girl, the accused had took 1/ 3

her to the nearest place and committed the offence and the investigation is at the preliminary stage. He vehemently opposed to grant anticipatory bail to the Petitioners.

5.Heard both sides and perused the materials available on record. 6.Taking into consideration the facts and the submissions made by the learned counsel on either sides and the fact that the accused taking advantage of the unsound mind of the victim girl had committed the alleged offence, this Court is not inclined to grant anticipatory bail to the Petitioners. 7.Accordingly, this Petition is dismissed.

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RMT.TEEKAA RAMAN, J.

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