S. Mamalai Arasan v. Inspector Of Police

Crl.O.P.No.21597 of 2023 Crl.O.P.No.21597 of 2023 C.V.KARTHIKEYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 6, 5(J)(ii), 5(1) and 5(n) of Protection of Child from Sexual Offences in Crime No.19 of 2023, seeks anticipatory bail.

2. The case of the prosecution is that all the three accused had sexually assaulted the victim child and as a matter of fact that she had also become pregnant. Two of the accused are in prohibited relationship. She had lost her mother.

3. The learned counsel for the petitioner would submit that the petitioner is neighbour and there had been disputes as between the two neighbours and that on instigation, a false complaint had been given against the petitioner herein. It is also stated that the petitioner is residing at Sriperambudur and is working there.

4. At any rate, it is also stated that when the fetus was aborted, sample had been taken which require DNA to be conducted on all the accused persons to determine, who has been primary responsible for the pregnancy of the young child.

5. In view of the same, this Criminal Original Petition stands dismissed.

10.10.2023 vsg 1/2 https://www.mhc.tn.gov.in/judis

Crl.O.P.No.21597 of 2023 C.V.KARTHIKEYAN , J.

vsg Crl.O.P.No.21597 of 2023 10.10.2023 1/2 https://www.mhc.tn.gov.in/judis