Saravanan v. State Rep By

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 14.03.2022 for the alleged offence under Sections 3(b), 4, 9(1) and 10 of Protection of Children from Sexual Offences (POCSO) Act, 2012 in Crime No.9 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 14.03.2022, when the defacto complainant's daughter leave his home, the petitioner, who is neighbour of him, misbehaved with his minor daughter, who is aged about 13 years and gave sexual torture to her. Hence, the complaint.

3. The learned counsel appearing for petitioner would submit that the petitioner is a neighbour to the defacto complainant and due to money dispute, he gave this false complaint. He would submit that he is no way connected with the occurrence and he has not at all committed any offence. He would submit that the petitioner has been suffering incarceration from 14.03.2022 for nearly 9 months. Hence, he prays to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioner is aged about 42 years and the victim girl is a minor aged about only 13 years and that he has sexually assaulted her. He would also submit that now the trial is at the stage of I.O. and the trial would be completed within two months. Now, if he is released on bail, he would hamper the investigation and tamper the witnesses. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and the submissions made by both counsel and considering the gravity of offence committed by the petitioner and also considering the fact that now the trial at the stage of I.O., this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. However, the trial court is directed to complete the trial and dispose the case within a period of two months from the date of receipt of copy of this order. 06.01.2023 rpp

T.V.THAMILSELVI, J.

rpp 06.01.2023