MOHAMED YUSUF Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed to set aside the order of Special Court for Trial of Cases under SC/ST (POA) Act, Theni, made in Cr.M.P.No.1350 of 2022, dtd. 13/12/2022 and allow this appeal by enlarging the appellant on bail in connection with Crime No.391 of 2022 on the file of the 2nd respondent.

(2.) The appellant, who was arrested and remanded to judicial custody on 9/11/2022, for the offences punishable under Ss. 420, 376 IPC r/w Ses. 3(2)(v) of SC/ST (POA) Amendment Act 1989 in Crime No.391 of 2022 on the file of the respondent police, seek appeal bail.

(3.) The case of the prosecution is that the defacto complainant is the father of the victim girl. He lodged a complaint originally stating that their daughter was found missing from his house from 25/10/2022. On the basis of the above said complaint, the case was registered in Crime No.391 of 2022 under Woman Missing Caption. During the course of investigation, it was found that this petitioner appears to have kidnaped the victim girl on false promise that he will marry took her to his house. On 2/11/2022 at about 08.00 a.m., he married the victim girl and after that she was subjected to frequent sexual assault. On the basis of the above said investigation, alteration report was filed altering the offences to Ss. 420, 376 of IPC r/w 3(2)(v) of SC/ST (POA) Act, 1989. This petitioner was arrested and remanded to judicial custody on 9/11/2022. Ever since, he is in custody. Seeking bail, he moved an application before the Special Court, that came to be dismissed on 13/12/2022. Against which this appeal has been preferred by the accused.