Rajib @ Rajib Ahamed v. State Rep.By

Crl.O.P.No.4275 of 2024 C.V.KARTHIKEYAN,J.

The petitioner/A1 in Crime No.16 of 2023, registered by the respondent police for the offences under Sections 5(l), 5(m), 5(n) r/w 6 of POCSO Act and 506 (ii) of IPC, seeks bail. The petitioner had been remanded to judicial custody on 07.10.2023.

2.The petitioner is the stepfather of the victim child, who is aged just about 13 years. It is seen that taking advantage of the situation when the mother of the victim was not in the place, the petitioner had committed penetrative sexual assault on the victim child, not on one occasion, but on several occasions when the mother had gone to work.

3.It is stated that the statement under Section 164(5) of Cr.P.C., had been recorded. It was also forwarded to this Court and also perused. It is seen from the statement that she had reiterated the allegations against the petitioner herein. 4.Taking into consideration the fact that the victim child is an extremely 1/3

vulnerable witness and the accused is her stepfather and therefore in dominating position, I am not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

07.03.2024 ata C.V.KARTHIKEYAN,J.

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