Shanmuga Bharathi v. State Rep By

Crl.OP.No.23404 of 2022 Crl.O.P.No.23404 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 04.02.2022 at the hands of the respondent police for the offences punishable under Sections 363, 366 of IPC and Sections 5(1) and 6 of Protection of Children from Sexual Offence Act, 2012 and Section 9 of Prohibition of Child Marriage Act, 2006, in Crime No.39 of 2022, seeks bail.

2. The case of the prosecution is that the petitioner and the defacto complainant are neighbours. The victim girl is aged about 15 years who is the daughter of the defacto complainant. The petitioner had directed the victim girl to come to a place and had penetrative sexual assault on her on several occasions and further he had threatened the victim girl not to disclose the same to anybody. Hence the complaint.

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 04.02.2022. Hence, he sought for bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the petitioner had committed penetrative sexual assault on the minor victim girl aged about 15 years. He would further submit that this is the fourth bail petition filed by the petitioner. Hence, he vehemently opposed to grant bail to the petitioner.

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

Crl.OP.No.23404 of 2022 G.K.ILANTHIRAIYAN, J.

mn

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 orders 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.23404 of 2022 https://www.mhc.tn.gov.in/judis