Gokulakannan v. State Rep By

Crl.OP.No.22649 of 2022 Crl.O.P.No.22649 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 28.04.2022 for the offences punishable under Sections 343, 376(3), 366 IPC and Section 5(1) read with Section 6 of Protection of Children from Sexual Offences (POCSO) Act, 2012 in Crime No.34 of 2022, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner under the pretext of marriage, kidnapped the minor victim girl aged about 16 years and also had committed penetrative sexual assault on her. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner was arrested and remanded to judicial custody on 28.04.2022. Hence, he sought for bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the petitioner kidnapped the victim minor girl and had penetrative sexual assault on her. He would further submit that the earlier petition filed by the petitioner in Crl.O.P.No.20433 of 2022 was dismissed on 29.08.2022. Hence, he vehemently opposed to grant bail to the petitioner. https://www.mhc.tn.gov.in/judis

Crl.OP.No.22649 of 2022 G.K.ILANTHIRAIYAN, J.

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5. Taking into consideration of the above facts and circumstances of the case, since the petitioner has committed very serious offence as against the victim girl and that there is no change of circumstances after the previous dismissal order passed by this Court, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 27.09.2022 mn Crl.O.P.No.22649 of 2022 https://www.mhc.tn.gov.in/judis