Vijayan @ Vijay v. The State Of Tamil Nadu, Rep By

Crl.O.P.No.23008 of 2023 C.V.KARTHIKEYAN,J.

The petitioners/A3 and A4, who were arrested and remanded to judicial custody on 07.09.2023 for the offence punishable under Sections 5(i), 5(j)(ii), 6, 17 of POCSO Act and Sections 363, 312, 511, 109, 341 of IPC, 1860 in Crime No.211 of 2023 on the file of the respondent police, seeks bail.

2. The petitioners are arrayed as A3 and A4, who are the parents of A1, who is also a minor. It is stated that A1 had physical relationship with a school student, who was his junior and which lead her to be impregnated. It is stated that the petitioners herein had received an information from A2 and they had taken the victim child to the hospital, where it was found that she was in the family way.

3. It is contended by the learned counsel for the petitioner that A1 had been granted bail, but since he is juvenile, he would be dealt with only by the Juvenile Justice Court and not through regular criminal process. It is also contended that A2 had also been granted anticipatory bail, but he had provided the information and therefore taking that fact into consideration, anticipatory bail had been granted to the 2nd accused.

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

C.V.KARTHIKEYAN,J.

smv 4.The present petitioners stand on different footing. The offence under which the FIR has been registered is under Sections 5(i), 5(j)(ii), 6, 17 of POCSO Act and Sections 363, 312, 511, 109, 341 of IPC. Further investigation will have to be done. At this stage, this Court is not inclined to grant bail to the petitioners. Accordingly, this Criminal Original Petition stands dismissed. 06.10.2023 smv/mkn2 Crl.O.P.No.23008 of 2023 https://www.mhc.tn.gov.in/judis