Dhani v. State Rep By

Crl.O.P.No.15941 of 2023 G.CHANDRASEKHARAN.J., The petitioner namely Dhani, who was arrested and remanded to judicial custody on 09.06.2023 for the offences punishable under Sections 341, 354A of IPC & Section 9(m), 10 of Protection of Child from Sexual Offences Act, 2012 read with Section 4 of TamilNadu Prohibition of Harassment of Women Act, 2002 in Crime No.09 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 for the reason that he was supporting one of the candidate in pachayat election and therefore he is framed in this case. Petitioner is in Judicial Custody from 09.06.2023. Hence, he seeks bail to the petitioner.

3. In response, learned Government Advocate (Crl. Side) opposes the petition on the ground that, petitioner is aged about 57 years and the victim girl is aged about 10 years. Petitioner had committed sexual assault on the victim girl. Investigation in this case is completed. 1/3

4. Though, it is claimed that, investigation in this case is completed, considering the age of the petitioner, who is aged about 57 years and the nature of sexual assault alleged to have been committed by the petitioner against the victim girl, who is aged about 10 years, that the act of the petitioner is evident from the statement of the victim girl recorded under Section 164 of Cr.P.C., 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.

Sma 19.07.2023 3/3