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Madras High CourtCRL OP/10288/2023dismissed

P.Sundarraj v. The State Rep By,

2023-05-05Honourable Mr Justice G.K. Ilanthiraiyan3 pages

Crl.O.P.No.10288 of 2023 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 28.01.2023 for the offences punishable under Sections Girl Missing @ 366(A) IPC and section 5 (l), 6 of POCSO Act, 2012 in crime No.20 of 2023 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that, petitioner who is already a married person, had kidnapped the minor victim girl aged about 14 years by giving fruit juice, after that he took her to various places andd stayed there, finally he took her to a hill station and there he committed penetrative sexual assault on her. Hence, the case.

3. The learned counsel for the petitioer submitted that, petitioner is an innocent person and false complaint has been lodged by the defacto complainant. Therefore, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that, petitioner had committed penetrative sexual assault on the minor victim girl aged about 14 years. Hence, he opposed to grant bail to the petitioner.

5. Considering the gravity of the offence committed by the petitioner, which is serious and heinous as against the victim girl, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 05.05.2023 Sma

G.K.ILANTHIRAIYAN,J.

Sma Crl.O.P.No.10288 of 2023 05.05.2023