Hariharan v. The State Rep By Its,

Crl.OP.No.18022 of 2023 Crl.OP.No.18022 of 2023 G.CHANDRASEKHARAN, J.

This petition is filed to enlarge the petitioner on bail in Crime No.339 of 2023 for the offence under Section 5 (l), 5 (j) (ii) and 6 of POCSO Act, 2012, pending on the file of the respondent Police. 2.It is the submission of learned counsel for the petitioner that the petitioner and victim girl were in love with each other. Petitioner is now implicated as accused in Crime No.339 of 2023 for the offence under Section 5 (l), 5 (j) (ii) and 6 of POCSO Act, 2012. He had physical relationship with the victim girl only with her consent. He is in judicial custody from 07.06.2023. Thus, this petition is filed for seeking bail. 3.In response, the learned Additional Public Prosecutor submitted that petitioner is aged twenty-three years and the victim girl is aged fifteen years. Though they were in love with each other, the petitioner had forcible sexual relationship with her. Section 164 Cr.P.C. statement of victim girl was recorded and medical examination is also over. 4.Considered the rival submissions and perused the records. 1/2 https://www.mhc.tn.gov.in/judis

Crl.OP.No.18022 of 2023 G.CHANDRASEKHARAN, J.

5.It is seen from the 164 Cr.P.C. statement of victim girl that the petitioner brain washed the victim girl and had forcible sexual relationship with her, despite her resistance.

6.Considering the nature of the allegations made against this petitioner, and that investigation in this case is not completed, this Court is not inclined to grant bail to the petitioner. 7.Accordingly, this Criminal Original Petition is dismissed. 09.08.2023 ep Crl.OP.No.18022 of 2023 2/2 https://www.mhc.tn.gov.in/judis