IRUSAGOUNDAN Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 4/2/2024 for the alleged offence under Ss. 448, 376 and 506(2) of I.P.C. and subsequently, it was altered as Sec.448, 376 and 506(2) of I.P.C. r/w 67 of I.T. Act in Crime No.270 of 2023 on the file of the respondent police, seeks bail.

(2.) The case of prosecution is that on 4/12/2023 around 09.30 a.m., when the defacto complainant taking bath in her home, the petitioner came to her home and taken videos without her knowledge and threatened her stating that if she don't follow his wish, he will show the videos to everyone. He had also put a knife on the neck of two year old boy and threatened her that he would kill him, but inspite of that, when she tried to escape from there, he forcibly grabber her and engaged in sexual intercourse without her consent, thereby she got injured in her right ear and thereafter, he ran away from her house on the presence of her husband. Hence, the complaint was registered against the petitioner.

(3.) The learned counsel appearing for petitioner submitted that the petitioner is working as lorry driver in a private concern and both the petitioner and defacto complainant were friends. He would submit that having came to know their friendship, at the instance of her husband, the defacto complainant gave a false complaint as if the petitioner had forcibly had a sexual intercourse. He would submit that the entire allegation is false, vindictive, wanton and he is no way connected with the offence. He would submit that he has not at all committed any of offence as alleged by the respondent police and based upon a complaint given by the defacto complainant, he has been falsely implicated in this case and he will abide by any condition that may be imposed by this court. He would submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 56 days from 4/2/2024. Hence, he prayed to grant bail to the petitioner.