IN THE HIGH COURT OF JUDICATURE AT MADRAS
SUNDER MOHAN, J
S.Alavudeen – Appellant
Versus
The Superintendent of Police, Office of the Superintendent of Police, Erode District – Respondent
| Table of Content |
|---|
| 1. court challenges dismissal of bail petition. (Para 1 , 2 , 3) |
| 2. victim's willingness to marry impacts bail decision. (Para 4 , 5 , 6 , 7) |
| 3. court allows bail, citing consensual relationship. (Para 9) |
| 4. final order set aside, bail granted. (Para 10) |
JUDGMENT
The appeal challenges the dismissal of the appellant’s bail petition filed before the learned Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Erode.
2. The appellant is an accused in Crime No.455 of 2024 registered for the offences under Sections 5(l), 5(j)(ii) r/w 6 of the POCSO Act and Sections 3(2)(v) and 3(1)(w)(i) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, and was arrested on 02.10.2025. He moved a bail petition before the Trial Court, which came to be dismissed by the impugned order.
3. The case of the prosecution is that the appellant/petitioner/accused had a love affair with the victim girl; and that, on the promise of marriage, the appellant committed penetrative sexual assault.
4. Mr.B.Balavijayan, the learned counsel for the appellant/accused, would submit that originally an FIR was registered on the complaint given by the Social Welfare Offi
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