Gokulakannan @ Kuruvithalaiyan v. The Inspector Of Police

Crl.O.P.No.1048 of 2023 T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 16.10.2020 for the alleged offence under Sections 5(1), 5(m) r/w 6 of POCSO Act in Crime No.10 of 2020 on the file of the respondent police, seeks bail.

2. On the complaint given by the defacto complainant namely Ranjithapriya who is the District Child Protection Officer, Department of Social Defence, Namakkal stating that the petitioner along with other accused used to visit Victims at their house, provided chocolates, money and had sexual intercourse with them on various dates and times for the past six months. Hence the case.

3. The learned counsel for the petitioner submitted that this is the second application for bail and the earlier application was withdrawn by the petitioner. He further submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the respondent Police.

He also submitted that the petitioner has been suffering incarceration from 16.10.2020 for more than 22 months and he is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent submitted that the petitioner along with other accused used to visit Victims at their house, provided chocolates, money and had sexual intercourse with them on various dates and times for the past six months. He further submitted that the final report has been filed and the case has been taken on file in Spl.C.C.No.10 of 2021 and the case is now posted for examination of defence side witnesses. Hence, he 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 the final report has been filed, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition stands dismissed. However, the learned trial Judge is directed to complete the trial as expeditiously as possible, preferable within a period of six weeks from the date of receipt of a copy of this order.

19.01.2023 vkr

T.V.THAMILSELVI, J.

vkr Crl.O.P.No.1048 of 2023 19.01.2023