R. Senthilraja v. State Rep By Its

Crl.O.P.No.18599 of 2023 Crl.O.P.No.18599 of 2023 C.V.KARTHIKEYAN , J.

The petitioner is an accused in Crime No.215 of 2023 registered by the respondent police for the offences punishable under Sections 5(j)(ii) and 6 of the POCSO Act, and he had been arrested and remanded to judicial custody on 14.05.2023. Hence, he seeks bail.

2. It is stated that the victim was an employee of the petitioner herein and taking advantage of that fiduciary relationship and exercising influence, the petitioner has committed the aforementioned offence. The victim had also been impregnated and had been admitted in the hospital. At that time, the offence came to light and FIR was registered.

3. It is stated by the learned counsel for the petitioner that my predecessor had directed DNA report to be obtained but that is of no use, particularly, because the petitioner had not given sample to be compared with the DNA report of the fetus. It is stated that the sample had not been given and the learned Magistrate has already ordered for the said procedure and that investigation has not been completed. https://www.mhc.tn.gov.in/judis

Crl.O.P.No.18599 of 2023 C.V.KARTHIKEYAN , J.

ata/mps

4. Considering the facts and circumstances and taking note of the fact that investigation has not yet been completed, this Court is not inclined to grant bail to the petitioner. Accordingly, this criminal original petition is dismissed.

03.10.2023 ata Crl.O.P.No.18599 of 2023 https://www.mhc.tn.gov.in/judis