Allauddin v. State Rep By

G.K.ILANTHIRAIYAN, J.

The petitioners, who were arrested and remanded to Judicial custody on 28.01.2022 for the alleged offences punishable under Sections 370, 506(ii) of IPC r/w Section 66E of Information Technology Act, 2000 r/w Section 6 of Protection of Child from Sexual Offences Act 2006 r/w Section 4 & 5 of Immoral Trafficking (Protection) Act, 1956 r/w Section 75 Juvenile Justice Act in Crime No.1 of 2022, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused persons were running brothel house in the name of Spa and under the guise of getting employment to the minor victim girls, the accused persons had committed penetrative sexual assault on them. Hence, the complaint.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of bail to the petitioners.

4. The learned Additional Public Prosecutor submitted that the petitioners along with other accused had committed penetrative sexual assault against the minor victim girls and also involved them for prosecution. He further submitted that this is the second bail petition. Earlier, this Court dismissed the bail petition filed by the petitioner in Crl.O.P.No. 20110 of 20222 dated 25.08.2022. Hence, he vehemently opposed for granting bail to the petitioners.

5. Considering the nature of offence committed by the petitioner, which is serious and heinous against the victim minor girls and taking note of the fact that this Court had dismissed the earlier petition filed by the petitioner and there is no change of circumstances. Hence, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 23.01.2023 Lpp

G.K.ILANTHIRAIYAN, J.

Lpp 23.01.2023