G.Madhankumar v. The Inspector Of Police

Crl.O.P.No.29799 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 27.08.2022 for the offences punishable under Sections 5(l), 5(m) read with Section 6(1) of POCSO Act and 506(i) of IPC in Crime No. 11 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 12 years. It is alleged that, when the victim girl had gone to the house of the petitioner, he had committed penetrative sexual assault on her. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocen person and he is a close relative of the defacto complainant and there is a love affair between the petitioner and the victim girl. He further submitted that the petitioner has been suffering incarceration from 27.08.2022. 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. On perusal of the statement of the victim girl under Section 164 of Cr.P.C had revealed the petitioner had committed penetrative sexual assault on her on several occasions. It would also revealed that the petitioner had committed penetrative sexual assault on another victim girl also.

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.29799 of 2022 02.12.2022