Kamalesh v. The Inspector Of Police

Crl.O.P.No.14885 of 2023 G.CHANDRASEKHARAN.J., The petitioner, who was arrested and remanded to judicial custody on 08.06.2023 for the offences punishable under Sections 451, 509 of IPC and Section 7 read with Section 8 and 11 (iv) read with Section 12 of POCSO Act, 2012 in Crime No.04 of 2023 on the file of the respondent police, seeks bail.

2. The learned counsel for the petitioner submitted that, petitioner is an innocent person and he has been falsely implicated in a case registered for the offence under Sections 451, 509 of IPC and Section 7 read with Section 8 and 11 (iv) read with Section 12 of POCSO Act, 2012. Petitioner is in Judicial Custody from 08.06.2023. Thus, he seeks bail to the petitioner.

3. In reply, the learned Government Advocate (Crl. Side) submitted that, on 07.03.2023, at about 06.00.p.m., petitioner had given juice to the victim girl aged about 14 years adding some substances and thereafter victim girl had not known what had happened. Petitioner 1/3

threatened the victim girl to marry her and when she refused, he harassed her. It is alleged in the statement of the victim girl recorded under Section 164 of Cr.P.C., that, petitioner had shared the photos of the victim girl which were taken while she was unconscious and therefore, victim girl attempted to commit suicide. Investigation in this case is not completed. Hence, he strongly opposed the petition.

4. Considering the gravity of offence alleged to have been committed by the petitioner against the victim girl and the manner in which sexual offence have been committed by the petitioner followed by sharing of photos of the victim girl taken by the petitioner, when she was unconscious and the fact that investigation in this case is not completed, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, this Criminal Original Petition is dismissed. 05.07.2023 Sma 2/3

G.CHANDRASEKHARAN. J.

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