Sri Vignesh v. State Rep By

Crl.O.P.No.10315 of 2024 T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 22.03.2024 for the alleged offences punishable under Sections 5(l) r/w 6 of Protection of Children from Sexual Offences Act, 2012 and Section 366 of IPC and Section 77 of the Juvenile Justice Act, 2015, in Crime No.11 of 2024, on the file of the respondent Police, seek bail.

2. Learned counsel for the petitioner submitted that the petitioner aged about 19 years is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner was having a love affair with the daughter of the de-facto complainant/victim minor girl, aged about 16 years and the victim, only on her own volition came with the petitioner and the petitioner has not committed any offence as alleged by the prosecution, whereas, the de facto complainant, in order to sever their relationship, has given a false complaint. He also submitted that the petitioner will marry the victim after she attains majority. He further submitted that the petitioner suffering incarceration from 22.03.2023 and they are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

3. Learned Government Advocate (Crl.Side) appearing for the respondent police raised objection for granting bail to the petitioner stating that it is the case where, the accused introduced himself to the minor victim girl, aged about 16 years through Instagram and thereafter, under the guise of marrying the victim girl, had abducted her and committed repetitive penetrative sexual assault on her. He further submitted that the petitioner/accused, who was having 5 previous cases, is a habitual alcoholic and has made the victim girl adopt the habits of drinking and smoking. He also submitted that the investigation in this case is still pending and the statement under Section 164 Cr.P.C., has also been recorded from the victim girl. Therefore, if the petitioner is released on bail at this stage, there is every possibility of him threatening the victim girl and her family.

4. Taking into consideration the facts and circumstances of the case and the submissions made by the learned Government Advocate (Crl.Side) and taking note of the statement recorded under Section 164 Cr.P.C., from the victim girl and considering the nature and gravity of the offence committed by the accused, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, this Criminal Original Petition stands dismissed. 26.04.2024 ham Crl.O.P.No.10315 of 2024 https://www.mhc.tn.gov.in/judis