Kalidass @ Kannan v. The State Rep By Its,

Crl.O.P.No.17504 of 2022 G.K.ILANTHIRAIYAN, J.

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

2. The case of the prosecution is that the petitioner had commited 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 appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. Further the respondent completed investigation and filed final report in Spl.S.C.No.7 of 2022 and the same is pending for trial. He further submitted that the petitioner was arrested and remanded to judicial custody on 14.02.2022 and incarcerated for the past five months. Therefore, he prays to grant bail to the petitioner.

4. The learned Additional Public Prosecutor (Pondy) submitted that this is the second bail petition filed by the petitioner and this Court already dismissed the earlier bail petition in Crl.O.P.No.14130 of 2022. The petitioner had taken the victim girl and assaulted her as such she fell unconscious. Thereafter he committed aggravated penetrative sexual assault on her and also taken video of the same. He also threatened her, if she discloses the same to anyone, he will upload the video on social media and also throw acid on her face. If the petitioner released on bail, he would tamper the witnesses and hamper the evidence. Hence, he vehemently opposed to grant bail to the petitioner.

5. It is seen that the petitioner had committed very serious and heinous offence as against the victim girl. Further this Court already dismissed the earlier bail petition and there is no change in circumstances to consider the present bail petition. Taking consideration of the above facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petitions is dismissed. 27.07.2022 rts

G.K.ILANTHIRAIYAN, J.

rts Crl.O.P.No.17504 of 2022 27.07.2022