Sivalingam.M v. State By

Crl.O.P.No.25259 of 2023 Crl.O.P.No.25259 of 2023 C.V.KARTHIKEYAN , J.

The petitioner seeks bail in Crime No.20 of 2023, registered by the respondent police for the offences punishable under Sections 294(b) & 506(i) of IPC and Section 8 of POCSO Act, 2012. 2.It is stated that the victim child is aged 9 years and the present petitioner/accused is aged 71 years.

3.The learned counsel for the petitioner states that there had been an earlier dispute between the family of the victim child and the petitioner and as a motive, a false complaint had been given. It is also stated that the petitioner has been in custody for a considerable period of time and now he has been hospitalized.

4.It is also stated that it is only a case of bad touch and stated that the entire case has been falsely foisted against the petitioner herein. However, the statement recorded under Section 164(5) Cr.P.C., of the victim child had been forwarded by the respondent and it is seen that the victim child reiterated the averments made in the complaint. https://www.mhc.tn.gov.in/judis

Crl.O.P.No.25259 of 2023 C.V.KARTHIKEYAN , J.

ata 5.Naturally, the investigation, which is still pending will have to be completed and some protection will have to be given to the victim child, till she deposes during trial. At this stage, I am not inclined to grant bail to the petitioner herein. Accordingly, this Criminal Original Petition stands dismissed.

03.11.2023 ata Crl.O.P.No.25259 of 2023 https://www.mhc.tn.gov.in/judis