S. NALLATHAMBI Vs. DEPUTY SUPERINTENDENT OF POLICE, THIRUPPUR

JUDGEMENT

(1.) This Criminal Original Petition is filed to recall the Non-Bailable Warrant dtd. 5/8/2019 pending against the petitioner in Spl.S.C.No.6 of 2019 on the file of the learned Principal District and Sessions Judge, Tiruppur in Crime No.3 of 2016 on the file of the second respondent.

(2.) The petitioner is the third accused in Spl.S.C.No.6 of 2019, who is charge sheeted for the offence under Sec. 376(2) (k)(ii), 354(A), 341 IPC and Sec. 4 of the Tamil Nadu Prohibition of Women Harassment Act, 3(1) (w) (i), 3(2) (va) SC/ST (POA) Amendment Act 2014, has filed this petition seeking to recall the Non-Bailable Warrant issued against the petitioner.

(3.) The contention of the petitioner is that the petitioner herein is only charged for offence for publishing an article in "Kaalai Kathir" Daily, due to which the victim was defamed and undergone sufferings, mental agony and thereby causing harassment to her. The petitioner is A3. A1 and A2 were working along with the victim girl as Home Guard. At that time, there was some relationship and misunderstanding between A1 and A2 with the victim. The petitioner is projected as a friend of A2. At the instance of A2, the petitioner is said to have reported and published an article depicting the victim girl in dark shades to the entire community at large, as though the moral character of the victim is questionable.