Prathish v. The State Rep By
T.V.THAMILSELVI, J.
The petitioner, who was arrested and remanded to judicial custody on 23.04.2021 for the alleged offence under Sections 302, 201 of I.P.C. and Section 6 of Protection of Children from Sexual Offences (POCSO) Act, 2012 r/w Sec.34 of I.P.C. in Crime No.95 of 2021 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that for the past three years, the accused was in love affair with the deceased and had sexual intercourse with her on several occasions. While so, few days before the occurrence, the accused came to know that the deceased loathed him and now she is in love with one Vicky. Hence, the accused planned to murder the deceased as such, he asked the deceased to come to his residence, wherein they had sexual intercourse and thereafter, he took her to the graveyard of Poraiyur Pet, wherein, he assaulted her with wooden log and beer bottle, as a result, she died. Thereafter, he tied the corpse of the deceased in a white colour
woven sack and thrown near the wall of the said graveyard. Hence, the complaint.
3. The learned counsel appearing for petitioner would submit that this is the fourth petition praying for bail and the co-accused was released on bail. He would submit that investigation is almost completed and he is ready to comply with the condition imposed by this court. He would also submit that the charge sheet has been filed and he is in jail for more than one year and prays to grant bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioner is arrayed as A1, who had assaulted the victim and he had sexual intercourse and he is the main person for the death of victim. He would submit that totally, there are three accused in this case and this is the fourth petition for bail. He would submit that the trial was commenced and part of witnesses examined and posted for additional evidence. Hence, he vehemently opposed to grant bail to the petitioner.
5. Considering the facts and circumstances of the case and the submissions made by both counsel and also the fact that pending trial, if he is released on bail, he will abscond and drag on the matter, and also considering the fact that there is no change of circumstances and the offence is grave in nature, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. 07.09.2022 rpp
T.V.THAMILSELVI, J.
rpp 07.09.2022