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Madras High CourtCRL OP/14130/2022dismissed

Kalidass @ Kannan v. The State Rep By Its,

2022-06-22Honourable Mr Justice G.K. Ilanthiraiyan3 pages

Crl.O.P.No.14130 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 14.02.2022 at the hands of the respondent police for the alleged offences punishable under Section 6 of POCSO Act, 2012 and Section 294(b), 506(ii) of IPC in Crime No.9 of 2022, seeks bail.

2. The case of the prosecution is that the petitioner alleged to have committed aggravated penetrative sexual assault on the minor victim girl aged about 16 years and further threatened her that if she discloses the same, he would upload her photos and videos in the social media. Hence the complaint.

3. The learned counsel for the petitioner would submit that the respondent completed the investigation and filed final report and taken cognizance in Spl.S.C.No.7 of 2022 and the same is pending for trial. The petitioner was arrested and remanded to judicial custody on 14.02.2022. Therefore, the petitioner seeks bail.

4. The learned Additional Public Prosecutor would submit that the petitioner is aged about 32 years. The petitioner committed a very serious offence as against the minor victim girl aged about 16 years. He also

produced 164 Cr.P.C. statement shown that when the victim girl was aged about 16 years studying 10th Standard, the petitioner had taken the victim girl to the back side of the school and dragged her into the forest. There, he assaulted the victim girl and as such the victim girl fell unconscious. Thereafter, he committed aggravated penetrative sexual assault on her and also taken video of the same. In addition to that, he threatened her and abused her with filthy language and thereafter he also threatened her if she discloses the same to anyone, he will throw acid on her face. In fact, she got pregnant due to aggravated penetrative sexual assault committed by the petitioner.

5. Considering the above circumstances and also taking note of the fact that the petitioner had committed a very serious and heinous offence as against the victim girl, this Court is not inclined to grant bail to the petitioner.

6.

Accordingly, this Criminal Original Petition is dismissed. 28.06.2022 Lpp

G.K.ILANTHIRAIYAN, J.

Lpp 28.06.2022