Sivashanmugam v. Stat E Rep By

Crl.OP.No.15452 of 2023 Crl.OP.No.15452 of 2023 G.CHANDRASEKHARAN, J.

This petition is filed to enlarge the petitioner on bail in Crime No.35 of 2023 on the file of the respondent.

2.It is the submission of learned counsel for the petitioner that petitioner is falsely implicated as accused in Cr.No.35 of 2023 for the offences under Section 5 (1), 5 (m), 9 (1), 9 (m) r/w Section 10 of Protection of Child from Sexual Offences Act, 2012. He is in judicial custody from 09.05.2023. Thus, this petition is filed for seeking bail. 3.In response, the learned Government Advocate (Criminal side) submitted that petitioner is 59 years old and he committed aggravated sexual assault against the victim girl who was only eight years old. Section 164 Cr.P.C. statement of the victim girl was recorded and she reiterated the allegations made against the petitioner in her statement. 4.The reading of the Section 164 Cr.P.C. statement shows that petitioner had committed aggravated sexual assault against eight year old girl by pressing her breast and sucking it and then touching her private part. 1/2 https://www.mhc.tn.gov.in/judis

Crl.OP.No.15452 of 2023 G.CHANDRASEKHARAN, J.

5.Considering the nature and seriousness of the offence purported to have been committed against the small girl by a grand old man, that investigation is not completed, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. 25.07.2023 ep Crl.OP.No.15452 of 2023 2/2 https://www.mhc.tn.gov.in/judis