Viswanathan v. State Rep By

G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 16.07.2022 for the offences punishable under Section 8 read with 7, 12 read with 11(4) of Protection of Children from Sexual Harassment Act, 2012 read with Section 4 of Tamil Nadu Prohibition of Women Harassment Act in Crime No.17 of 2022, seeks bail.

2. It is seen that, there are totally two victims in this case. The case of the prosecution is that the petitioner allegedly videographed the victims when they were taking bath. Thereafter, by showing the video, the petitioner threatened the victims to have physical relationship with him and thereby committed penetrative sexual assault on them. He also made both the victims house arrest and threatened them with dire consequences. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and a false case has been lodged against the petitioner. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent produced the statement of the victim girls recorded under Section 164 of Cr.P.C. Hence, he vehemently opposed for grant of bail to the petitioner.

5. On perusal of the statement of victim girls recorded under Section 164 Cr.P.C, it reveals that the petitioner had committed very serious and heinous offence as against both the victim girls.

6. Taking into consideration the facts and circumstances of the case and the bad antecedents of the petitioner and also now there is no change in circumstances of this case, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. 23.09.2022 kv

G.K.ILANTHIRAIYAN, J.

kv 23.09.2022