Mahesh v. State Rep By

Crl.OP.No.17768 of 2022 Crl.O.P.No.17768 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 02.06.2022 for the offences punishable under Sections 366 of IPC and Section 3 and 4 of POCSO Act in Crime No.20 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the victim girl aged about 15 years was compelled and kidnapped by the petitioner and had penetrative sexual assault and it also alleged that he had taken jewels which belong to the victim girl and threatened her not to disclose the same to anybody.

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 02.06.2022. Hence, he sought for bail to the petitioner.

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Crl.OP.No.17768 of 2022 G.K.ILANTHIRAIYAN, J.

Sma

4. The learned Additional Public Prosecutor submits that the petitioner had committed penetrative sexual assault on a victim girl aged about 15 years and also had taken the jewels which belong to the victim girl. He further submits that already this Court dismissed the petitioner's bail petition in Crl.O.P.No.15751 of 2022 dated 07.07.2022. Hence, he vehemently opposed for granting bail to the petitioner.

5. Considering the gravity of offence committed by the petitioner and also considering that this is the second bail petition and there is no change in circumstance, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 29.07.2022 Sma Crl.O.P.No.17768 of 2022 https://www.mhc.tn.gov.in/judis