SUNDARESWARAN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioner, who was arrested on 1.8.2009 for the alleged offences under Section 3 76 IPC, Section 4 of Women Harassment Act, 1988 and Section 23 of Juvenile Justice (Care and Protection of Children) Act, 2000, in Crime No. 457 of 2009 on the file of the respondent police, seeks bail.

(2.) The victim girl, aged about 15 years, was alleged to have been subjected to continuous sexual assault for more than three years by none else than her own father. The victim as well as her mother were alleged to be the silent sufferers due to threat, fear and shame, and at last the Child Welfare Committee, Chennai, came to the rescue of the pathetic victim of inhuman and barbaric sexual assault by her own protector. Now a case came to be registered against the petitioner/accused by the respondent police for the alleged offences under Section 376 IPC, Section 4 of Women Harassment Act, 1988 and Section 23 of Juvenile Justice (Care and Protection of Children) Act, 2000.

(3.) The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case and he has nothing to do with the alleged offence. It is contended that the complaint was preferred by his wife with false allegations. The learned counsel would further submit that the petitioner has been arrested on 1.8.2009 and investigation is almost over and as such, no prejudice would be caused to the prosecution in the event of the release of the petitioner on bail.