E.Selvaraj v. State Rep.By

V.SIVAGNANAM . J.

The petitioner namely E.Selvaraj, who was arrested and remanded to judicial custody on 27.07.2022 for the offences punishable under Sections 5(1), 5(r) r/w 6 of POCSO Act and under Sections 450,376(1), 354(B), 307 of IPC in Crime No.10 of 2022 on the file of the respondent police, seeks bail.

2. Learned counsel for the petitioner submitted that, petitioner is falsely implicated in this case in Crime No.10 of 2022 for the offences under Sections 5(1), 5(r) r/w 6 of POCSO Act and under Sections 450,376(1), 354(B), 307 of IPC. Petitioner is innocent. Thus, he seeks bail.

3. Learned Additional Public Prosecutor submitted that, the petitioner is an accused in Crime No. 10 of 2022, on the file of the respondent police. In pursuant to the complaint given by the defacto complainant, the case has been registered against the petitioner for

offences under Sections 5(1), 5(r) r/w 6 of POCSO Act and under Sections 450, 376(1), 354(B), 307 of IPC on 26.11.2022. The petitioner was arrested on 27.11.2022. When the matter was taken up, the learned Additional Public Prosecutor filed a copy of the statement under Section 164 Cr.P.C of the victim girl recorded by the Judicial Magistrate. It is noticed that, the petitioner/accused on 26.11.2023 at 4:00 p.m. entered into the victim girl's house and poured PVC pipe solution on her, thereby caused injury on her body and also sexually assaulted her. Thereafter, she informed the incident to her mother and a complaint was given. Thus, he prays for dismissal of this petition.

4. Considering the grievous nature of the offences alleged against the petitioner and the statement of the victim girl, and the fact that, investigation in this case is pending, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

21.08.2023 vca/gd

V.SIVAGNANAM . J.

vca/gd 21.08.2023