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Judgment
Application for pre-arrest bail.
The petitioner is the sole accused in Crime No.771 of 2018 of Pettah Police Station registered for the offences punishable under Sections 376(2)(n)
of the Indian Penal Code and Section 6 r/w Section 5(1) of the Protection of Children from Sexual Offence Act.
The prosecution allegation is that on 13.09.2016 and 02.10.2016 the victim, who is a minor girl was taken by this petitioner to his house and
committed rape on her and thereby committed the aforesaid offences.
Heard the learned counsel for the petitioner as well the learned Public Prosecutor.
The learned counsel for the petitioner submits that he is an innocent person aged only 23 years pursuing his studies. He was in fact in love with the
defacto complainant. Her mother who opposed the affair instigated her to lodge the complaint against him. Thus he has been falsely implicated in the
case. In fact he is totally innocent but he apprehends arrest and torture by the police. Hence this application.
The learned Public Prosecutor vehemently opposed this application and submitted that the investigation of the case is well in progress but it could
not be completed as the petitioner is absconding.
Having regard to the nature of the offences alleged against this petitioner and the other facts and circumstances involved in this case, I do not think
that this is a fit case in which pre-arrest bail can be granted to the petitioner as prayed for though he is aged only 23 years.
Accordingly, this bail application is dismissed.