Prasad Sivashankar v. The State Rep.By Its

CRL.O.P.No.32101 of 2022 CRL.O.P.No.32101 of 2022 T.V.THAMILSELVI,J.

The petitioner who apprehends arrest for the alleged offence under Section 4 of the POCSO Act, 2012 in Cr.No.325 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner kidnapped the victim girl and kept her in a room, forced her to marry him and then raped her. Hence, the law enforcing agency registered a case against the petitioner.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the victim on her own volition had physical contact with the petitioner. Hence prays for grant of anticipatory bail. 4.The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the statement was recorded from the victim girl under the Section of 164(5) Cr.P.C., and hence, he opposed to grant anticipatory bail to the petitioner.

T.V.THAMILSELVI, J.

https://www.mhc.tn.gov.in/judis

CRL.O.P.No.32101 of 2022 dk

5. Considering the facts and circumstances of the case and the allegation level against the petitioner that he had forced the victim girl and had physical contact with the victim.

6. In view of the above facts, this court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the petition seeking anticipatory bail is dismissed.

23.12.2022 dk CRL.O.P.No.32101 of 2022 https://www.mhc.tn.gov.in/judis