K.Parthiban v. State Rep By
T.V.THAMILSELVI,J.
The petitioner who was arrested and remanded to judicial custody on 03.11.2022 for the offence punishable under Sections 5(1)(j)(II) r/w 6 of POCSO Act, 2012 and Section 294(b), 312 IPC @ 5(1)(j)(ii) r/w 6 of POCSO Act, 2012 and 376 IPC in Cr.No.27 of 2022, seeks bail.
2. The case of the prosecution is that the petitioner under the guise of getting chance in cinema called the defacto complainant for photo shoot and induced her and committed sexual assault on her. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He would submit that the petitioner is a married man and that his wife on Uma had earlier gave a complaint against the petitioner and F.I.R was also registered against him. Apart from that, he had also filed a divorce petition before the family Court in H.M.O.P.No.1017 of 2021, as against his wife. Thereby, at the instigation of the petitioner's wife, the defacto complainant had given a false complaint against the petitioner. He would further submit that the petitioner is in custody from
03.11.2022. Hence prays for grant of bail.
4.The learned Government Advocate (Crl.Side) would submit that the petitioner had induced the defacto complainant and committed penetrative sexual assault on her. The victim/defacto complainant who is now aged about 20 years, was at 18 years at the time of occurrence i.e., in the year 2020. He would submit that there are four previous cases, which are similar in nature against the petitioner and that the petitioner, introducing himself as a director under the guise of giving chance to act in cinema had spoiled the life of many young girls. Thereby, if the petitioner is released on bail, he would tamper the evidence. Hence, he vehemently opposed for grant of bail.
5. Considering the gravity of offence committed by the petitioner and the similar set of cases pending against the petitioner, this court is not inclined to grant bail to the petitioner.
6. Accordingly, the Criminal Original Petition is dismissed. 06.12.2022 anu T.V.THAMILSELVI, J.
anu 06.12.2022