Kumar @ Krishnakumar v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.10118 of 2023 Kumar @ Krishnakumar ... Petitioner/Sole Accused

Vs The State represented by The Inspector of Police, All Women Police Station, Colachel, Kanyakumari District. Crime No.13/2022

... Respondent/Complainant For Petitioner : M/s.Wins T, Advocate. For Respondent : Mr.R.M.Anubunithi, Additional Public Prosecutor

PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :- For Bail in Crime No.13 of 2022 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 08.04.2022 for the offences punishable under Sections 450,506(i) of IPC and and Sections 5(l),5(j)(ii) and 6 of Protection of Children from Sexual Offence Act, 2012 and section 3

(2)(va) of SC/ST(POA) Act, 2015 in Crime No.13 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner herein administered some medicine on the victim thereafter she got fainted and the petitioner had committed aggravated penetrative sexual assault on the victim . Hence, the case.

¶3Heard both sides and perused the materials available on record including the First Information Report and the statement of the victim recorded under section 164 of Cr.P.C.

¶4A perusal of the statement of the victim recorded under section 164 of Cr.P.C reveals the fact that the victim is aged about 13 years and when she was drying clothes in the open terrace the petitioner came there and administered some medicine, thereafter the victim got fainted and the petitioner had committed penetrative aggravated penetrative sexual on the victim. Further the petitioner also threatened with dire consequences and also abused her in filthy language using the caste name, hence this Court is not inclined to grant bail to the petitioner.

¶5In the result, the petition stands dismissed. sd/- 09/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. aav TO THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION,COLACHEL, KANYAKUMARI DISTRICT THE OFFICER INCHARGE, DISTRICT PRISON, NAGERCOIL, KANYAKUMARI DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.10118 of 2023 Date :09/06/2023 SS/CG/13/06/2023/2P/4C