R. MANIKANDAN Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed, seeking to set aside the order dated, 19.08.2019, made in C.M.P. No. 527 of 2019, by the Sessions Judge, Fast Track Mahila Court, Nagpattinam, dismissing the said petition filed under Section 439 of Cr.PC, and to enlarge the Appellant/Accused on bail.

(2.) The facts of case is that one Pratheepa, daughter of the defacto complainant, aged about 17 years, went to a College Tour on 20.06.2019, but she did not return after the tour and that on the complaint given by the defacto complainant, initially, a case was registered in PS. Cr. No. 153 of 2018 for 'girl missing' and during the investigation, the victim was secured and on her statement that by giving false promise to marry, the Appellant/Accused had committed rape on her, the case was altered to one under Sections 366(A) of IPC read with 5(1) of the POCSO Act and Section 3(i) (w)(i) of SC/ST Act and thereafter, the Appellant/Accused was arrested and remanded to judicial custody. In and by the impugned order, the petition filed by the Appellants, seeking bail was dismissed. Hence, this Criminal Appeal has been filed.

(3.) The father of the victim girl was impleaded as per order dated 09.09.2019 in Crl. M.P. No. 12915/2019. Private Notice has been served. He is also intimated by the respondent police, however he is not present before this Court.