JUDGMENT :

M. NIRMAL KUMAR, J.

Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to recall the Non-Bailable Warrant dated 05.08.2019 pending against the petitioner in Spl. S.C. No. 6 of 2019 on the file of the learned Principal District and Sessions Judge, Tiruppur in Crime No. 3 of 2016 on the file of the second respondent.

1. This Criminal Original Petition is filed to recall the Non-Bailable Warrant dated 05.08.2019 pending against the petitioner in Spl. S.C. No. 6 of 2019 on the file of the learned Principal District and Sessions Judge, Tiruppur in Crime No. 3 of 2016 on the file of the second respondent.

2. The petitioner is the third accused in Spl. S.C. No. 6 of 2019, who is charge sheeted for the offence under Section 376(2) (k)(ii), 354(A), 341 IPC and Section 4 of the Tamil Nadu Prohibition of Women Harassment Act, 3(1) (w) (i), 3(2) (va) SC/ST (POA) Amendment Act 2014, has filed this petition seeking to recall the Non-Bailable Warrant issued against the petitioner.

3. The contention of the petitioner is that the petitioner herein is only charged for offence for publishing an article in “Kaalai Kathir” Daily, due to which the victim was defamed and undergone sufferings, mental agony and thereby causing harassment to her. The petitioner is A3. A1 and A2 were working along with the victim girl as Home Guard. At that time, there was some relationship and misunderstanding between A1 and A2 with the victim. The petitioner is projected as a friend of A2. At the instance of A2, the petitioner is said to have reported and published an article depicting the victim girl in dark shades to the entire community at large, as though the moral character of the victim is questionable.

4. Further submitted that in this case, the petitioner was never arrested, called for any enquiry. The petitioner was not aware about the pendency of the case. Now the petitioner came to know that, absconding charge sheet, filed against the petitioner and other accused i.e. A2, based on which the respondent police attempting to arrest the petitioner. Hence he filed the above petition.

5. The victim in this case appeared before this Court and she narrated the entire happenings. She submitted that her complaint is true and what had happened to her had been narrated in the complaint. A1 and A2 working as Home Guards along with the victim girl. At that time, she was put to untold misery, sufferings, humiliation and forcible physical exploitation. Taking advantage of her social status, since she belongs to a voice less society and no body would come in support of the victim, to question the accused. She fairly submits that she does not know A3, till A3 published an article in the Kaalai Kathir Daily depicting the victim in bad light. After the publication her parents, relatives, known persons and everyone were not willing to even look at the victim and speak to her. Even the parents of the victim were not willing to take her. Having no other option she took asylum at “Mariyalaya Home” Tiruppur. Thereafter finding that she was physiologically down needed a change of place and environment she was sent to YWCA, Chennai, she stayed for quite some time. Latter her marriage took place on 08.06.2017 and her husband is not aware of the entire facts of the complaint. Out of the wedlock, a female baby was born on 26.01.2019. The victim moved from Kangeyam and now residing with her husband in Tiruppur.

6. The accused in this case had informed through others to the victim’s husband about the case and its facts, which now created a storm in her family life, her husband is doubting her in all aspect and she is able to cling on to the matrimonial life for the future of her two years female child. Further she fears that if she deposes the truth the same would be used, given wide publicity and her matrimonial life would become a disaster, and her child future would become a questionable one. The humiliation and sufferings she had faced