Thiruvarasan v. State Rep By

Crl.OP.No.21773 of 2022 Crl.O.P.No.21773 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 10.06.2022 for the offences punishable under Section 366 of IPC and Section 3(a) r/w 4 of POCSO Act 2012 in Crime No.19 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on the pretext of love affair, the petitioner had committed penetrative sexual assault on the victim girl aged about 17 years. Hence, the complaint.

3. The learned Government Advocate (Criminal Side) appearing for the respondent submitted that this is the second bail petition. Earlier bail petition filed by the petitioner before this Court in Crl.O.P.No.19161 of 2022 was dismissed on 12.08.2022. Hence, he vehemently opposed to grant bail to the petitioner.

4. On perusal of the statement recorded under Section 164 of Cr.P.C. revealed that the victim girl is aged about 17 years. On the pretext of the love affair, the petitioner had committed penetrative sexual assault on the victim girl on compulsion. He also beaten her and had physical relationship. Thereafter, he expressed her that he never loved her.

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

Crl.OP.No.21773 of 2022 G.K.ILANTHIRAIYAN, J.

Lpp/vsn

5. In view of the above, the petitioner has committed very serious and heinous offence as against the minor victim girl and this Court had already dismissed the bail petition filed by the petitioner and there is no change of circumstances and hence this Court is not inclined to grant bail to the petitioner. Hence, this Criminal Original Petition is dismissed. 12.09.2022 Lpp/vsn Crl.O.P.No.21773 of 2022 https://www.mhc.tn.gov.in/judis