Vijay v. The Inspector Of Police
A.D.JAGADISH CHANDIRA, J.
The petitioner who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 11(1) and 12 of the POCSO Act, 2012, in Crime No.13 of 2021 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution as per the defacto complainant Manjula is that she is a widow and she is engaged as coolie. The further allegation is that she has six children (five daughters and one son). The defacto complainant's third daughter was studying eighth standard. While so, the accused namely Gajendran, Vallarasu and Vijay, who were residing near the house of the defacto complainant used to tease and call her daughter to share bed and get money from them. The said Gajendran stood nude in front of her daughter and called her to share bed. The said Vallarasu and Vijay also used to call her daughter to share bed by saying that they will buy flowers to her and also teased and humiliated her. Hence the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and a false complaint has been given against the petitioner due to the dispute regarding share of water. He would further submit that the petitioner is aged about 19 years and he has no previous case against him. Hence, he prays for grant of anticipatory bail to the petitioner.
4. Per contra, the learned Government Advocate (Criminal Side) would submit that the petitioner, who is the neighbour of the defacto complainant, had stalked her daughter/victim girl while she went to the shop and called the victim girl to share bed. He would further submit that statement was also recorded from the minor victim girl under Section 164 of Cr.P.C. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel on both sides and also taking into consideration the specific allegations made against the
petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is dismissed. 28.10.2022 arb
A.D.JAGADISH CHANDIRA, J.
arb 28.10.2022