Dharma v. Inspector Of Police

G.K.ILANTHIRAIYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 450, 342, 323, 376(3), 506(2) of IPC and 5(l) and 6 of POCSO Act, 2012 in Crime No.16 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that on 08.09.2022 at about 11pm, the petitioner had committed penetrative sexual assault on the minor victim girl and caused injuries on her. Hence, the defacto complainant/mother of the victim girl had lodged a complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he had not committed any offence as alleged by the prosecution. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor for the respondent would submit that the petitioner had committed penetrative sexual assault on the victim girl aged about 14 years. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. On perusal of the FIR and also the statement recorded under Section 164 of Cr.P.C, it reveals that the petitioner had committed penetrative sexual assault on the minor victim girl. Hence, the petitioner had committed very serious offence as against the minor victim girl.

6. Taking into consideration the facts and circumstances of the case and the bad antecedents of the petitioner and also the custodial interrogation of the petitioner is very much required in this case, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. 02.12.2022 nr G.K.ILANTHIRAIYAN, J.

nr 02.12.2022