Prabu v. State Rep By

Crl.OP.No.15718 of 2022 Crl.O.P.No.15718 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 16.01.2022 for the offences punishable under Sections 5(l), 5(j) (ii), 6(1) of POCSO Act in Crime No.16 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner is a married man and it is alleged that the petitioner is as a barer in a hotel run by the the victim girl's father. The petitioner kidnapped the victim girl aged about 16 years and had penetrative sexual assault on her on several occasion.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged offence as alleged by the prosecution. He further submits that, he has been suffering incarceration from 16.01.2022. Hence, he sought for bail to the petitioner.

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Crl.OP.No.15718 of 2022 G.K.ILANTHIRAIYAN, J.

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4. The learned Additional Public Prosecutor submits that the petitioner had committed penetrative sexual assault on the victim girl aged about 16 years, due to which, she is 5 months pregnant. Hence, he vehemently opposed for granting bail to the petitioner.

5. Considering the gravity of offence committed by the petitioner, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 07.07.2022 Sma Crl.O.P.No.15718 of 2022 https://www.mhc.tn.gov.in/judis