← Library
Madras High CourtCRL OP/21086/2023dismissed

V.Karthikeyan M/22 v. The State Rep Bythe Inspector Of Policebagayam Police Station

2023-10-11Honourable Mr Justice C.V. Karthikeyan2 pages

Crl.O.P.No.21086 of 2023 Crl.O.P.No.21086 of 2023 C.V.KARTHIKEYAN,J.

The petitioner seeks anticipatory bail in Crime No.228 of 2023 originally registered as 'girl missing' and subsequently on securing the victim child, altered to Sections 363, 366 & 376(2)(4) of IPC and Sections 5(l), 5(n) and 6 of POCSO Act, 2012.

2. The victim child was aged about 15 years and the petitioner herein was aged about 22 years.

3. The learned counsel for the petitioner stated that both the accused and the victim girl belong same village.

4. The statement recorded under Section 164 Cr.P.C., of the victim child had been forwarded by the respondent and it is seen that the petitioner had consciously taken away the victim to a secret place and also had sexual intercourse with her. It is thus seen that the petitioner had exploited the age of the victim, who is a minor. https://www.mhc.tn.gov.in/judis

Crl.O.P.No.21086 of 2023 C.V.KARTHIKEYAN,J.

ata

5. In view of these facts, since medical examination of the victim child will have to be done and she will have to be kept under observation for some more time, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition stands dismissed.

11.10.2023 ata Crl.O.P.No.21086 of 2023 https://www.mhc.tn.gov.in/judis