Sarangan v. The State Rep By Its,

T.V.THAMILSELVI,J.

The petitioner, who was arrested and remanded to judicial custody on 12.10.2022 for the alleged offences punishable under Sections 294(b), 506(i) of IPC and under Sections 5(m), Section 6 of Protection of Child from Sexual Offences Act 2012 in Crime No.6 of 2022 on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that the accused has committed penetrative sexual assault on the minor victim girl, aged about 7 years and criminally intimidated her. Hence the case.

3. Learned counsel for the petitioner submitted that the petitioner is an innocent person aged about 66 years and he has been falsely implicated in this case. He also submitted that the petitioner is in custody from 12.10.2022. He also submitted that the petitioner is prepared to furnish adequate sureties and ready to abide by any stringent conditions that may be imposed by this Court. Hence, prays for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner aged about 66 years has committed penetrative sexual assault on the minor victim girl, aged about 7 years and he has also criminally intimidated her. He further submitted that the statement has also been recorded from the victim girl under Section 164 Cr.P.C. Therefore, he vehemently opposed to grant bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the entire materials available on record including the statement recorded under Section 164 Cr.P.C.

6. Taking into consideration the facts and circumstances of the case, the submissions made by the learned Government Advocate (Crl.Side) and also considering the statement recorded from the minor victim girl under Section 164 Cr.P.C., this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed. 16.02.2023 ham

T.V.THAMILSELVI,J.

ham 16.02.2023