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Madras High CourtCRL OP/22883/2022dismissed

Abi @ Abishekpachan v. State Rep By, Inspector Of Police

2022-09-21Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.OP.No22883 of 2022 Crl.O.P.No.22883 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 09.07.2022 for the offences punishable under Sections 6, 5(i) of Protection of Children from Sexual Harassment Act - 2012 in Crime No.15 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that petitioner fell in love with the victim girl aged about 17 years, It is alleged that, on the pretext of marriage, the petitioner had committed penetrative sexual assault on the victim girl, due to which, the victim girl became pregnant and now, the petitioner refused to marry the victim minor girl. Hence, the complaint.

3. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that the victim is aged about 17 years. The petitioner had committed penetrative sexual assault on the victim girl . He would further submit that this is the second bail petition. Earlier petition was filed by the petitioner before this Court in Crl.O.P.No.19199 of 2022 was dismissed on 16.08.2022. Hence, he vehemently opposed to grant bail to the petitioner.

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

Crl.OP.No22883 of 2022 G.K.ILANTHIRAIYAN, J.

vsn

4. Considering the facts and circumstances of the case, the petitioner had committed a very serious and heinous offence as against the minor victim girl and also taking note of the fact that this Court had dismissed the earlier bail petition filed by the petitioner and that there is no change in circumstances. Hence, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, this Criminal Original Petition is dismissed. 21.09.2022 vsn Crl.O.P.No.22883 of 2022 https://www.mhc.tn.gov.in/judis