Venkatachalam v. The Inspector Of Police

Crl.O.P.No.15743 of 2023 G.CHANDRASEKHARAN.J., The petitioner namely Venkatachalam, who was arrested and remanded to judicial custody on 01.05.2023 for the offences punishable under Sections 5(k), 5(1), 5(n), 6 of POCSO Act, 2012 & Section 506(1) of IPC in Crime No.07 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 this case. Petitioner is in Judicial Custody from 01.05.2023. Hence, he seeks bail to the petitioner.

3. In response, learned Government Advocate (Crl. Side) opposes the petition on the ground that, petitioner had committed aggravated sexual assault on the victim girl. The statement of the victim girl under Section 164 of Cr.P.C., was also recorded. Medical examination of the victim girl is also over. Investigation in this case is completed.

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4. Considered the rival submissions and perused the record. Petitioner is the step-father of the victim girl. From the statement of the victim girl under Section 164 of Cr.P.C., it is clear that, petitioner had committed aggravated sexual assault against the victim girl, who is aged about 13 years. Though, it is claimed that, investigation in this case is completed, in the nature of the offence allegedly committed by the petitioner aged about 39 years, who is the step-father of the victim girl aged about 13 years and that he may threaten the witness, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, this Criminal Original Petition is dismissed. 19.07.2023 Sma 2/3

G.CHANDRASEKHARAN. J.

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