Lenin v. State By The Inspector Of Police

Crl.O.P.No. 15316 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner/accused, who was arrested and remanded to judicial custody on 12.12.2020 for the alleged offences punishable under Sections 420, 506(i) of IPC r/w.5(1), 6 of POCSO Act 2012 and subsequently altered into 420, 506(i) of IPC r/w. 7, 8 of POCSO Act 2012 in Crime No.9 of 2020 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner fell in love with the minor victim girl aged about 16 years. On the pretext of marriage, the petitioner had penetrative sexual assault on the victim girl and he had also taken photograph and threatened her and also compelled her to have physical relationship with his friend/A2. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. That apart, the petitioner was arrested and remanded to judicial custody on 12.12.2020.

4. The learned Additional Public Prosecutor would submit that there are totally 2 accused, in which the petitioner is arrayed as A1. A1 fell in love with the minor victim girl and had physical relationship with her and also taken photograph. A2 is friend of A1. A1 threatened the victim girl to have 1/3

intercourse with A2. He would further submit that the petitioner was also detained under Goondas Act and he is having two previous cases, similar in nature. Hence, he vehemently opposed to grant bail to the petitioner.

5. It is seen that there are totally two accused, in which the petitioner is arrayed as A1. On the pretext of marriage, the petitioner had penetrative sexual assault on the victim girl aged about 16 years and had taken photograph. Further, he threatened the victim girl to have intercourse with A2. Therefore, the petitioner had committed a very serious and heinous offence as against the minor victim girl. That apart, he was detained under Goondas and subsequently detention order was revoked.

6. Considering the above circumstances and taking note of the fact that the petitioner had committed a very serious and heinous offence as against the minor victim girl, this Court is not inclined to grant bail to the petitioner. The Trial Court is directed to complete the trial within a period of six months from the date of receipt of a copy of this order.

7. Accordingly, this Criminal Original Petition is dismissed. 04.07.2022 Lpp 2/3

G.K.ILANTHIRAIYAN, J.

Lpp Crl.O.P.No.15316 of 2022 04.07.2022 3/3