Sagadevan v. Inspector Of Police

Crl.O.P.No.24179 of 2023 C.V.KARTHIKEYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 06.07.2023 for the offences punishable under Sections 363, 366 of IPC and Sections 5(1), 6(1) of POCSO Act, 2012 and Section 9 of the Child Marriage Act, 2006 in Crime No.10 of 2023 on the file of the respondent police, seeks bail.

2.The age of the petitioner is 27 years. The victim child was aged just 10 years. The victim child had been taken away by the petitioner from her lawful guardian and there was aggravated sexual intercourse and she was also impregnated. The fetus was aborted after one month. It is stated that therefore the samples could 2also not be taken. The matter is now pending trial before the Special Court for Exclusive Trial of Cases under POCSO Act, Dharmapuri, wherein, the final report has been made ready. 3.In view of that particular fact, since evidence has not yet been recorded, this Court is not inclined to grant bail to the petitioner. Accordingly, this criminal original petition stands dismissed. 18.10.2023 smv 1/2 https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN , J.

smv Crl.O.P.No.24179 of 2023 18.10.2023 2/2 https://www.mhc.tn.gov.in/judis