Rajamuthu v. The Inspector Of Police

CRL. O.P. No.12064 of 2016 S.VAIDYANATHAN, J.

The petitioner, who was arrested and remanded to judicial custody on 09.05.2016 for the alleged offence punishable under Section 366 of IPC and Sections 3 and 4 of POCSO Act in Crime No.564 of 2016 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner is alleged to have kidnapped the minor victim girl and on the promise of marrying her and had physical relationship with her and subsequently, refused to marry her.

3. The learned counsel for the petitioner submitted that the petitioner and the victim girl are in love with each other and that the victim girl on her wish had eloped with the petitioner on the date of occurrence and that the petitioner has not committed any such offence and that the defacto complainant has lodged a false complainant against the petitioner. He further submitted that the petitioner is in custody for more than 40 days and that he may be enlarged on bail.

4. The learned Government Advocate (Crl. Side) vehemently opposed for grant of bail to the petitioner on the ground that the petitioner had kidnapped the victim minor girl aged about 17 years and had physical relationship with her and subsequently refused to marry the victim girl.

5. Taking note of the fact that the date of birth of the victim girl is 21.07.2002, as per the report of the Unique Identification Authority of India and in view of serious allegations alleged against the petitioner, I am not inclined to grant bail to the petitioner and the petition is dismissed. vrc 21.06.2016

S.VAIDYANATHAN, J.

vrc CRL. O.P. No.12064 of 2016 21.06.2016