Ganesan v. The Inspector Of Police

Crl.O.P.No.29801 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 07.09.2022 for the offences punishable under Sections 5(m) read with Section 6 of Protection of Children from Sexual Offence Act in Crime No. 224 of 2022 on the file of the respondent police seeks bail.

2. The case of the prosecution is that the victim girl is aged about 8 years. It is alleged that, the petitioner had illegally touched the victim girl's private part. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocen person and due to previous enmity false case has been lodged by the defacto complainant, as if the petitioner had inappropriately touched her daughter's private part. He further submitted that the petitioner has been suffering incarceration from 07.09.2022. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) submitted that the statement of the victim girl under Section 164 of Cr.P.C has been recorded. He would oppose for grant of bail to the petitioner.

5. The perusal of the statement of the victim recorded in the 164 Cr.P.C reveals that the victim has made categorical allegations against the petitioner to the effect that sexual acts were perpetrated by the petitioner.

6. Considering the gravity of the offence committed by the petitioner which is serious and heinous against the victim minor girl, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original petition is dismissed. 02.12.2022 Sma

G.K.ILANTHIRAIYAN,J.

Sma Crl.O.P.No.29801 of 2022 02.12.2022