Nagavel v. State Rep By

Crl.O.P.No.5607 of 2024 Crl.O.P.No.5607 of 2024 T.V.THAMILSELVI, J.

The petitioner/A2 who was arrested and remanded to judicial custody on 16.08.2023 registered by the respondent Police under Sections 341, 354(D), 354A(1)(i), 328, 376(3) of IPC and 5(i), 5(l) r/w 6(l), 7 and 8 of POCSO Act, in Crime No.225 of 2023, seeks bail. 2.The case of the prosecution is that A1 had committed sexual assault on the victim girl. A2 had also assisted A1. Hence the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit the petitioner is no way connected with the alleged offence and he is prepared to abide by any stringent condition that may be imposed by this Court and therefore, he prays for grant of bail to the petitioner.

4.The learned Government Advocate (crl.side) appearing for the respondent Police would submit that A1 had committed sexual assault on the victim girl and A2 had also assisted A1. He would further submit that there are 3 previous cases registered under IPC offence and https://www.mhc.tn.gov.in/judis

Crl.O.P.No.5607 of 2024 T.V.THAMILSELVI, J.

vkr he had been detained under Act 14 of 1982 and later, it was also revoked. He would also submit that the statement under Section 164 Cr.P.C not been recoreded from the victim girl. Hence, he opposed for grant of bail to the petitioner.

5.In view of the nature of the offence, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition stands dismissed. 12.04.2024 vkr Crl.O.P.No.5607 of 2024 https://www.mhc.tn.gov.in/judis