Surya v. The State Rep By

Crl.O.P.No.13635 of 2024 T.V.THAMILSELVI, J.

The petitioners, who were arrested and remanded to judicial custody on 21.04.2024 in connection with Crime No.6 of 2024 registered for the alleged offences punishable under Sections 363, 376(2)(n), 506(i) of IPC and Sections 4, 6 of POCSO Act, seek bail.

2. The case of the prosecution is that the first petitioner and the victim girl are friends through facebook, as a result, the first petitioner had sexual intercourse with the victim girl by giving false promise to marry her, due to which, she became pregnant. Hence, the complaint.

3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated, as if, the first petitioner was sexually abused the victim girl. He further submitted that the second petitioner is the friend of A1, and he has not committed any offence as alleged by the prosecution. He further submitted that now the first petitioner was ready to marry the victim girl. He further submitted that the petitioners are in custody from 21.04.2024 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 petitioners.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police raised objection for granting bail to the petitioners stating that the first petitioner had given a false promise and had sexual intercourse with the victim girl, also threatening her not to reveal it to anyone. Subsequently, the second petitioner was also compelled to have a sexual relationship with him. However, she became pregnant and gave birth to a child, which has now been handed over to Tiruvannamalai Home. He also submitted that there is no previous case against the petitioner, however, the investigation in this case is not yet completed. He further submitted that 164 Cr.P.C statement has been recorded from the victim girl, wherein she stated that the first petitioner by giving a false promise, had sexual intercourse with her.

5. The victim girl and his father were appeared before this Court. The victim girl stated that, she is not interested to marry the first petitioner, and she wants to continue her studies.

6. Heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side) appearing for the respondent and perused the materials available on record.

7. Taking into consideration the facts and circumstances of this case and the submissions made by the learned Government Advocate (Criminal Side) and

also considering the fact that the investigation is not yet completed and also the conduct of the petitioners, this Court is not inclined to grant bail to the petitioners.

8. Accordingly, the Criminal Original Petition stands dismissed. 19.06.2024 drl T.V.THAMILSELVI, J.

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Crl.O.P.No.13635 of 2024 19.06.2024