Dismissed¶24

K.Vivek v. Assistant Commissioner of Police

Madras HC6 Jun 2025CRL A/492/2025

Case brief

AI extract

What is this about?

Bail refusal upheld; rape on pretext of marriage; victim delivered baby; paternity disputed. Offences: Sections 64 & 69 BNS Act and Sections 3(1)w(i), 3(1)(w)(ii) SC/ST(PoA) Amendment Act, Crime No.19 of 2025, Tiruppur City. Appeal under Section 14(A)(2) SC and ST Act, 1989 against Special Court, Tiruppur order dated 08.05.2025 in Crl.MP.No.55 of 2025 dismissed; accused K.Vivek not enlarged on bail.

What did the court decide?

The petitioner committed a very serious and heinous offence against the victim, having committed rape on her on the pretext of marriage. ¶23

K.Vivek Vs Assistant Commissioner of Police — Madras HC (2025) — LawSathi Research

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Crl.A.No.492 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 06.06.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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Crl.A.No.492 of 2025

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K.Vivek ... Appellant

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Vs.

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1.Assistant Commissioner of Police, Kongu Nagar Range, Tiruppur City 2.The State represented by Inspector of Police, AWPS Kongu Nagar, Tiruppur City (cr.No.19 of 2025) 3.Kalaiselvi ... Respondents

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PRAYER: Criminal Appeal filed under Section 14(A)(2) of SC and ST Act, 1989, praying to set aside the order dated 08.05.2025 made in Crl.MP.No.55 of 2025 passed by the learned Special Court for Trial of Cases under SC/ST (PoA) Act, Tiruppur and to allow the criminal appeal and enlarge the appellant on bail.

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For Appellant : Mr.J.Franklin

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For Respondents For R1 & 2 : Mr.S.Raja Kumar, Additional Public Prosecutor

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Page 1 of 4

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

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Crl.A.No.492 of 2025

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JUDGMENT

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This Criminal Appeal has been preferred against the order dated 08.05.2025 made in Crl.MP.No.55 of 2025 passed by the learned Special Court for Trial of Cases under SC/ST (PoA) Act, Tiruppur, thereby denied bail to the appellant.

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2 . The petitioner is the sole accused in crime No.19 of 2025 registered for the offence under Sections 64 & 69 of BNS Act and Sections 3(1)w(i), 3(1)(w)(ii) of SC/ST(PoA) Amendment Act. It is alleged that the petitioner and the victim fell in love and on the pretext of marriage, the petitioner had sexual intercourse with the victim. Therefore, she conceived and delivered a baby. However, the appellant disputed the he was not the reason for delivering baby by the victim and he is not the biological father of the child born to the victim.

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3 . Heard, the learned counsel for the appellant, learned Additional Public Prosecutor for respondents 1 & 2 and perused the materials available on record.

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Page 2 of 4

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

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Crl.A.No.492 of 2025

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4 . Admittedly, the petitioner fell in love with the victim and however, he denied the pregnancy of the victim through him. It is seen that the petitioner has committed very serious and heinous offence against the victim as he committed rape on her on the pretext of marriage. Therefore, the trial court rightly dismissed the petition seeking for bail and as such, this Court is not inclined to entertain this criminal appeal.

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5 . Accordingly, this criminal appeal is dismissed.

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06.06.2025

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Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order lok

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Page 3 of 4

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

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Crl.A.No.492 of 2025

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G.K.ILANTHIRAIYAN, J. lok

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1.The learned Special Court for Trial of Cases under SC/ST (PoA) Act, Tiruppur

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2.Assistant Commissioner of Police, Kongu Nagar Range, Tiruppur City 3.Inspector of Police, AWPS Kongu Nagar, Tiruppur City 4.The Public Prosecutor, Madras High Court.

Crl.A.No.492 of 2025

06.06.2025

Page 4 of 4

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

K.Vivek v. Assistant Commissioner of Police

Case brief

What is this about?

What did the court decide?

K.Vivek v. Assistant Commissioner of Police

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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