Nagaraj v. The State Rep By

Crl.O.P.No.16091 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 28.03.2022 for the offences punishable under Sections 5(1) read with Section 6 of Protection of Children from Sexual Offence Act, 2012 in Crime No.237 of 2022 pending trial in Special S.C.No.68 of 2022 on the file of Mahila Court, Tiruppur.

2. The case of the prosecution is that on the pretext of marriage, the petitioner kidnapped the victim girl who is aged about 13 years and had committed sexual assault on the victim girl. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner had fell in love with the victim girl and as such false complaint has been foisted. He further submitted that the petitioner was arrested and remanded to judicial custody on 28.03.2022. Hence, he prays for grant of bail to the petitioner.

4. The Additional Public Prosecutor appearing for the respondent submitted that the on the pretext of marriage, the petitioner had committed sexual assault on the minor victim girl who is aged about only 13 years. He further submitted that already this Court dismissed the petitioner's bail petition in Crl.O.P.No.13289 of 2022 dated 09.06.2022. However, he opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering that this is the second bail petition and there is no change in circumstances, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this criminal original petition is dismissed. 12.07.2022 Sma

G.K.ILANTHIRAIYAN, J.

Sma Crl.O.P.No.16091 of 2022 12.07.2022