Elayaraja v. The State Rep.By

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 09.01.2022 for the offences punishable under Sections 366, 342, 450 of IPC read with Section 6(1), 6, 17, 21(1) of POCSO Act in Crime No.02 of 2022 in Spl.S.C.No.115/2022 on the file of the Special Court for Exclusively Trial of Cases under POCSO Act, Villupuram, seeks bail.

2. The case of the prosecution is that totally 9 accused involved in this case. It is alleged that the petitioner had committed penetrative sexual assault against the victim girl in a forcible manner. The petitioner herein is arrayed as A1 in this case. Hence, the complaint.

3. The learned Counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and a false case has been foisted against him. He would further submit that he will abide by any condition that may be imposed by this Court. He would also submit that the petitioner has been suffering incarceration from 09.01.2022. Hence, he prayed to grant bail

to the petitioner.

4. The learned Government Advocate (Crl.side) for the respondent police submitted that totally 9 accused involved in this case. It is alleged that the petitioner had committed penetrative sexual assault against the victim girl in a forcible manner. The petitioner herein is arrayed as A1 in this case. He also submitted that the investigation is at crucial stage, if the petitioner is granted bail, he will tamper the witnesses and hamper the investigation. Hence, he vehemently opposed for grant of bail to the petitioner.

5.Considering the facts and circumstances of the case, investigation is at crucial stage and the gravity of offence, this Court is not inclined to grant bail to the petitioner. Hence, this Criminal Original Petition stands dismissed.

12.01.2023 Jai

T.V.THAMILSELVI, J.

jai 12.01.2023