Jebastin v. State Rep.By

A.A.NAKKIRAN , J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 376, 506(i) of IPC read with Section 4, 5(l), 5(n), 5(l)(j)(ii) and 6 of POCSO Act, 2012 in Crime No.27 of 2022, seeks bail.

2.The case of the prosecution is that on 19.09.2022 at about 10:00 hours, the petitioner, who is the elder son of the defacto complainant had sexual relationship with his own sister, who is the daughter of the defacto complainant. Hence, the complaint has been lodged by the defacto complainant against the petitioner.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and a false case has been foisted against the petitioner. Therefore, he prays for grant of anticipatory bail to the petitioner.

A.A.

NAKKIRAN , J.

4.Per contra, the learned Additional Public Prosecutor would submit that it is suspected by the defacto complainant that the petitioner had sexual relationship with his own sister and the DNA test was also completed but the DNA report is not yet received. Hence, she vehemently opposed for the grant of anticipatory bail to the petitioner. 5.Taking into account the gravity of offence and the facts and circumstances of this case, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

28.12.2022 vkr/nsa