Arivalagan v. The State Rep By

Crl.O.P.No.5900 of 2024 C.V.KARTHIKEYAN,J.

The petitioner/A1 in Crime No.08 of 2024, registered by the respondent police for the offences under Sections 5(l), 6, 16 and 17 of POCSO Act, 2012, and Sections 363 and 506(1) of IPC and remanded to judicial custody on 17.02.2024, seeks bail.

2.It is stated that the two accused had kidnapped the victim child and this petitioner had sexual relationship with the victim child with promise to marry. The 2nd accused is still absconding.

3.The statement recorded under Section 164(5) Cr.P.C., of the victim child had been perused by this Court.

4.The learned Government Advocate (Crl. Side) for the respondent raised very strong objection by stating that the victim child is still under the threat of the absconding accused and it is for that reason, she did not come forward to 1/3

give statement under Section 164(5) of Cr.P.C., and when it was actually recorded, on that date also she was under threat. 5.Taking that factor into consideration, I am not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. 11.03.2024 ata 2/3

C.V.KARTHIKEYAN,J.

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