Vivek v. The State Rep By Its,

Crl.OP.No.29788 of 2022 Crl.O.P.No.29788 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 06.11.2022 for the offences punishable under Sections 363, 366 of IPC read with Sections 3 & 4 of POCSO Act in Crime No. 17 of 2021 on the file of the respondent police seeks bail.

2. The case of the prosecution is that the victim girl is aged about 16 years. It is alleged that under the guise of marriage, the petitioner had kidnapped the victim minor girl and had committed penetrative sexual assault on her. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that both the victim girl and the petitioner were fall in love with each other and further submitted that the victim girl on her own volition eloped with the petitioner. He further submitted that the petitioner has been suffering incarceration from 06.11.2022. Hence, he prays for grant of bail to the petitioner.

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

Crl.OP.No.29788 of 2022 G.K.ILANTHIRAIYAN,J.

Sma

4. The learned Government Advocate (Crl. Side) submitted that the petitioner had kidnapped the victim minor girl and had committed penetrative sexual intercourse on her. Hence, he vehemently opposed for granting bail to the petitioner.

5. 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.

6. Accordingly, this Criminal Original petition is dismissed. 02.12.2022 Sma Crl.O.P.No.29788 of 2022 https://www.mhc.tn.gov.in/judis