Pandiyan v. The Inspector Of Police

Crl.O.P.No.21238 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 03.02.2022 at the hands of the respondent police for the offences punishable under Sections 506(i) of IPC and Sections 5(1), 6, 4(2), 11(4) of Protection of Children from Sexual Offences (POCSO) Act, 2012, Section 66(E) of IT Act, in Crime No.4 of 2022, seeks bail.

2. The case of the prosecution is that the petitioner alleged to have committed sexual assault on the victim girl who is aged about 15 years. He had also taken photographs without dress and kept as a profile picture in the social media. Hence the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner did not involve in the crime as alleged by the prosecution. The petitioner was arrested and remanded to judicial custody on 03.02.2022. Hence, he sought for bail to the petitioner.

4. The learned Government Advocate (Crl.Side) had produced the statement recorded under Section 164 Cr.P.C. A perusal of the statement revealed that the petitioner fell in love with the victim girl. On the pretext of false marriage, he had taken the victim girl and compelled to have physical relationship with her. Thereafter, he had also taken nude photographs of the victim girl and kept as profile picture in the social media. Hence, he vehemently opposed to grant bail to the petitioner.

5. Taking into consideration of the above facts and circumstances of the case, since the petitioner has committed very serious and heinous offence as against the victim girl, that apart, this is the second bail petition and there is no change in circumstances and hence this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. However, the trial Court is directed to complete the trial within a period of six weeks from the date of receipt of copy of this order. 07.09.2022 Sma

G.K.ILANTHIRAIYAN, J.

Sma 07.09.2022