Murugan v. State Rep By

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 20.11.2022 for the offences punishable under Sections 506(ii) of IPC r/w Section5(l), 5(j)(ii) and 6 of POCSO Act, 2012 in Crime No.31 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant is the mother of the minor victim girl, who is aged about 16 years. It is alleged that on 20.11.2022, the petitioner had sexually assaulted the minor victim girl and when the same was questioned by her mother, there was a wordy quarrel between them. Hence, the complaint.

3. The learned Counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that he will abide by any condition that may be imposed by this Court. He would also submit that the petitioner has been suffering incarceration from 20.11.2022. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl.side) for the respondent police would submit that the petitioner had sexually harassed the minor victim girl and threatened her to abort the fetus. He would also submit that 164 statement also recorded. He would further submit that the investigation is not yet completed and it is in preliminary stage, if the petitioner is granted bail at this stage, then there will be possibility of tampering the witnesses and hampering the investigation and Hence, he vehemently opposed for grant of bail to the petitioner. 5.Considering the facts and circumstances of the case, the stage of investigation, possibility of abscondens and also considering the gravity of the offence, and there is no change in circumstances, this Court is not inclined to grant bail to the petitioner. Hence, this Criminal Original Petition stands dismissed.

19.04.2023 rri

T.V.THAMILSELVI, J.

rri 19.04.2023