Mr.Rajasekar v. The State Rep By Its

Crl.OP.No.19582 of 2022 Crl.O.P.No.19582 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 01.04.2022 for the offences punishable under Sections 5(k), 5(L), 6 of POCSO ACT read with Section 450 of IPC in Crime No.33 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that petitioner herein had committed penetrative sexual assault on the mentally retarded victim girl aged about 15 years. Hence, the complaint.

3. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that the victim is aged about 15 years. The petitioner had committed penetrative sexual assault on the victim girl and the victim girl is also mentally retarded person. He would further submit that this is the second bail petition. Earlier petition filed by the petitioner before this Court in Crl.O.P.No.17510 of 2022 was dismissed on 27.07.2022.

https://www.mhc.tn.gov.in/judis

Crl.OP.No.19582 of 2022 G.K.ILANTHIRAIYAN, J.

Lpp

4. In view of the above, the petitioner had committed a very serious and heinous offence as against the mentally retarded minor victim girl and also taking note of the fact that this Court had dismissed the earlier bail petition filed by the petitioner and that there is no change of circumstances. Hence, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, this Criminal Original Petition is dismissed. 22.08.2022 Lpp Crl.O.P.No.19582 of 2022 https://www.mhc.tn.gov.in/judis