Pavan Choudhari v. The State Rep By Its,
G.K.ILANTHIRAIYAN, J.
The petitioner who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 5(i), 5(l), 5(m), 5(g) and 6 of POCSO Act, in Crime No.06 of 2019, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner and other accused kidnapped the victim girl and had penetrative sexual assault on the victim girl. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is ready and willing to abide by any stringent conditions as imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor produced FIR. He would further submit that the petitioner and other accused kidnapped the
victim girl and had penetrative sexual assault on the victim girl aged about 16 years. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.
5. A perusal of FIR revealed that the victim girl aged about 16 years and was rapped by the petitioner. The petitioner after closing her mouth, tied the hands with cloth and committed penetrative sexual assault on the victim minor girl.
6. Taking into consideration the facts and circumstances of the case and the bad antecedents of the petitioner and the petitioner had committed very serious and heinous offence as against the minor victim girl, the custodial interrogation of the petitioner is very much required in this case. Hence, this Court is not inclined to grant anticipatory bail to the petitioner.
7. Accordingly, this Criminal Original Petition is dismissed. 10.08.2022 mn
G.K.ILANTHIRAIYAN, J.
mn 10.08.2022