Kumaresan v. Inspector Of Police

Crl.O.P.No.25436 of 2023 C.V.KARTHIKEYAN, J.

The petitioner/A3, who was arrested and remanded to judicial custody on 14.09.2023 for the offences punishable under Sections 363, 366, 323 of Indian Penal Code, 1860 and Section 8 of POCSO Act, 2012 in Crime No.11 of 2023 on the file of the respondent police, seeks bail. 2.It is stated that A1 had a relationship with the victim child and on 11.09.2023 at about 6.30 p.m., the petitioner along with other accused had kidnapped the victim child in a car and had later dropped her on 12.09.2023 in the afternoon.

3.The learned counsel for the petitioner stated that the petitioner is only a friend of A1 and the main allegation is against the A1. He further stated that the petitioner is only a driver of the car and innocent of all offences.

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C.V.KARTHIKEYAN , J.

smv 4.But however, if he had refused to drive the car, then the issue of kidnap itself would not have been happened. The offences had happened only because of the direct involvement of the petitioner herein. I also read the statements recorded of the victim child under Section 164(5) of Cr.P.C. The allegations made in the complaint had been reiterated. 5.In view of that particular fact, I am not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed. 07.11.2023 smv Crl.O.P.Nos.25436 of 2023 2/2 https://www.mhc.tn.gov.in/judis