Kalaiselvan v. State Rep By
T.V.THAMILSELVI,J.
The petitioners who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 147, 354 A, 506 (ii) IPC u/s 10 r/w 9(g), 9(m) of POCSO Act, 2012 in Cr.No.136 of 2022, seeks bail.
2. The case of the prosecution as per the defacto complainant is that when she along with her minor daughter had come to purchase medicines, the accused had stalked her and her daughter and by passing lewd comments, they have touched the defacto complainant and her daughter inappropriately. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He submit that due to enmity on account of the caste, a false complaint has been given against the
petitioners. He would further submit that there is a counter case against the defacto complainant under SC/ST Act. Further, that all the other accused persons have been arrested and released on bail. Hence prays for grant of anticipatory bail.
4.The learned Government Advocate (Crl.Side) would submit that when the defacto complainant along with her minor daughter had come to purchase medicines, the accused had stalked her and her daughter and by passing lewd comments, they have touched the defacto complainant and her daughter inappropriately. He would submit that as per the confession statement of the accused persons, it is seen that the victim girl was threatened by the petitioners. He would further submit that a statement under Section 164(5) Cr.P.C., has also been recorded from the victim girl. Hence, he vehemently opposed for grant of anticipatory bail.
5. On a perusal of the statement under Section 164(5) Cr.P.C., it is revealed that the petitioners have touched the defacto complainant and her daughter inappropriately and also threatened the victim girl at knife point.
Thereby, considering the gravity of offence committed by the petitioners, this court is not inclined to grant bail to the petitioners.
6. Accordingly, the Criminal Original Petition is dismissed. 12.01.2023 anu
T.V.THAMILSELVI, J.
anu 12.01.2023