KARTHIKEYAN Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 22/7/2023 for the offences punishable under Ss. 11, 12 of POCSO Act and Sec. 506(i) of IPC in Crime No.425 of 2021 on the file of the respondent police, seeks bail.

(2.) It is the submission of learned counsel for the petitioner that petitioner was granted anticipatory bail in Cr.No.425 of 2021 registered for the offences under Sec. 11, 12 of POCSO Act and 506 (i) of I.P.C by this Court in Crl.O.P.No.25801 of 2021. Petitioner was observing condition and appearing before the respondent Police every Tuesday at 05.30 p.m. as per the anticipatory bail order. However, on 22/3/2022, at the instance of defacto-complainant in Cr.No.425 of 2021, petitioner was attacked brutally by rowdy elements. However, due to influence exercised by defacto-complainant, on the basis of complaint given by him, First Information Report in Cr.No.71 of 2022 was registered under Ss. 354 (D), 294 (B), 323, 506 (ii) I.P.C. The allegations made in the First Information Report in Cr.No.71 of 2022 are totally false and that, First Information Report was registered only to harass the petitioner.

(3.) On the next day of attack against petitioner, petitioner's father gave a complaint to the higher officials on 23/3/2022. Because of the brutal attack made against the petitioner, petitioner suffered pain on his eye, face and on his private part. Therefore, he was taken to the Government Hospital by the Police officials. However, without considering these aspects, petitioner's anticipatory bail granted in Crl.O.P.No.25801 of 2021 was cancelled on the petition moved by the defacto-complainant in Crl.M.P.No.721 of 2022 by the learned Special Judge (POCSO Court), Cuddalore. Challenging the dismissal of Crl.M.P.No.721 of 2022, petitioner filed Crl.O.P.No.13562 of 2023. When this petition was pending, petitioner was arrested and therefore, Crl.O.P.No.13562 of 2023 was dismissed as withdrawn. Subsequently, petitioner filed Crl.M.P.No.1098 of 2023 on the file of the Special Judge for Exclusive Trial of POCSO Cases, Cuddalore seeking bail. That petition is dismissed and therefore, present petition is filed. In support of his submission, he produced copies of representation given by petitioner's father dtd. 23/3/2022 and medical treatment recorded dtd. 25/3/2022. 3.In reply, the learned Additional Public Prosecutor strongly opposed this petition on the ground that when petitioner was granted anticipatory bail in Crl.O.P.No.25801 of 2021 with certain conditions, petitioner had committed the offences reported in Cr.No.71 of 2022. Therefore, anticipatory bail granted to the petitioner in Crl.O.P.No.25801 of 2021 was rightly cancelled.