VIJAYAKUMAR Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is filed, against the order of dismissal, dated, 3.10.2019, made in Crl. MP. No. 685 of 2019, filed under Section 439 of Cr.PC, seeking bail, by the Appellant/Accused, on the file of the Sessions Court, Fast Track Mahila Court, Nagapattinam and to enlarge him on bail in Cr. No. 197 of 2019, on the file of the 1st Respondent Police.

(2.) This court heard the learned counsel on either side and also perused the materials placed on record.

(3.) The facts leading to filing of this Criminal Appeal are that the defacto complainant/ 2nd Respondent herein had lodged a complaint before the 1st Respondent Police, dated 30.07.2019, alleging that the Appellant/Accused belonged to Vanniar Community and she belonged to SC Community and that the Appellant/Accused is loving her and forced her to love him and that on 24.07.2019 at 12.15. p.m., the Appellant/Accused came to the house of the victim girl and stating that he would marry her, committed sexual intercourse with the victim girl and that on 28.07.2019 at about 5.00 a.m. when the Appellant/Accused came to the house of the victim and slept near her, she shouted, without knowing that it was the Appellant/Accused and on hearing the shouting, the parents of the victim came and scolded him, to which, the Appellant/Accused abused her in a filthy language by mentioning her community name and assaulted her in front of her parents and threatened to kill her. On the said complaint, a case was registered in Cr. No 197 of 2018 by the 1st Respondent Police for the offences under Sections 6 read with 5(i) of the PCSO Act and Section 450, 506(i) of IPC read with 3(1)(r), 3(1)(s), 3(1)(w)(i), 3(2)(va) of the SC/ST POA Amendment Act. The Appellant/Accused was arrested and remanded to judicial custody on 30.07.2019. Before the court below, the Appellant/Accused had filed Cr. MP. No. 685 of 2019 under Section 439 of Cr.PC, seeking bail and in and by the impugned order, the said Petition was dismissed. As against the same, this Criminal Appeal has been filed.