Dismissed

Sathiya v. the State Rep by Its

Madras HC24 Feb 2023CRL OP/483/2023

Case brief

AI extract

What is this about?

In Crl.O.P. No.483 of 2023, the Court considered a petition for anticipatory bail filed by Udhayanidhi's wife, who apprehended arrest for alleged offenses including POCSO and kidnapping. The Court examined the prosecution's charge of forced sexual relationship and the victim's sworn statement indicating threats. Weighing high chances of further threats against the victim, the Court declined to gra

What did the court decide?

Petition for anticipatory bail dismissed; bail denied.

Sathiya Vs the State Rep by Its — Child Sexual Offences (POCSO) | Madras HC (2023)

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Crl.O.P.No.483 of 2023

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Crl.O.P.No.483 of 2023

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T.V.THAMILSELVI, J.

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The petitioner, who apprehends arrest for the alleged offence punishable under Sections Girl Missing @ 6, 5(L), 4(ii) of Protection of Child from Sexual Offences Act, 2012 and 336, 366(A), 376(ii)(N) in Cr.No.185 of 2022 on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that the petitioner was in love with the victim girl and the petitioner forcefully had sexual relationship with the victim girl, due to which she got pregnant and thereafter, the petitioner abducted the victim girl. Hence, this complaint.

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Learned Counsel for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that the victim girl on her own volition eloped with the petitioner. Hence, he prays for grant of anticipatory bail to the petitioner.

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Learned Government Advocate(Crl.Side) submits that the victim girl is a minor, aged about 17 years and since the petitioner herein forcefully had sexual relationship with the victim girl, she got pregnant. He further 1/3

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.483 of 2023

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submits that the Statement of the victim girl has also been recorded under Section 164 Cr.P.C. Hence, he vehemently raised objections for grant of anticipatory bail to the petitioner.

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On perusal of statement of the victim girl recorded under Section 164 Cr.P.C. and particularly the last three lines of the said Statement reveals that, the petitioner forcefully had sexual relationship with the victim girl, due to which she got pregnant at the early age of 17 years. Further, it is evident that the petitioner herein threatened the victim girl and her family, due to which, out of fear of abduction, they had moved to different place.

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Considering the above said facts and also the fact that there are high chances that the petitioner will again try to threaten the victim girl and her family members and will try to abduct the victim girl, this Court is not inclined to grant anticipatory bail to the petitioner.

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Accordingly, this Criminal original petition stands dismissed.

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24.02.2023

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skt

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T.V.THAMILSELVI,J.

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skt

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2/3

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.483 of 2023

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Crl.O.P.No.483 of 2023

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24.02.2023

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https://www.mhc.tn.gov.in/judis

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Sathiya v. the State Rep by Its

Case brief

What is this about?

What did the court decide?

Sathiya v. the State Rep by Its

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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