Subash v. Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 25.05.2020 for the alleged offence under Sections 366 of I.P.C. r/w 5(g), 6, 8 of POCSO Act, pending trial in Spl. S.C.No.75 of 2020 on the file of Special Court for Exclusive Trial of cases under POCSO Act, Villupuram in Crime No.02 of 2020 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that victim girl is aged about 17 years and A1 is aged about 18 years. On the date of occurrence, when A1 called her through mobile phone to come to near land of village, wherein he along with other accused said to have committed penetrative sexual assault towards her Hence, the complaint was registered against the petitioner.

3. Today, when the matter taken up for hearing, there is no representation on the side of petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that now the case is at part-heard stage and the case is posted for arguments. So, he would submit that if he is released on bail at this stage, he will tamper the witnesses and hamper the investigation. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and the submissions made by both counsel and considering the gravity of offence committed by the petitioner and also the fact that now the case is posted for arguments and so, at this stage, if he is released on bail, there is possibility of tampering the witnesses and hampering the investigation and there is no change of circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. 14.09.2023 rpp

T.V.THAMILSELVI, J.

rpp 14.09.2023