Nagarajan v. The State Rep By

Crl.O.P.No.27315 of 2024 A.D.JAGADISH CHANDIRA, J.

This Criminal Original Petition has been filed by the petitioner/A1, who was arrested and remanded to judicial custody on 13.09.2024, seeking bail in Crime No.14 of 2024 for the alleged offences punishable under Sections 332(b), 49, 65(1), 75, 78 of BNS and Section 5(n) r/w 6, 17 of Protection of Children from Sexual Offenses Act, 2012.

2. The case of the prosecution is that the petitioner/A1, by threatening the minor victim girl, aged about 14 years, had committed penetrative sexual assault on her. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He also submitted that the petitioner is the friend of A2 and due to the family dispute between the victim and the second accused, a false complaint has been given against A2 and the petitioner. He further submitted that the

petitioner has been suffering incarceration from 13.09.2024 and hence, he prayed for grant of bail to the petitioner stating that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner/A1, aged about 42 years, who is the friend of the victim's aunt/A2, had used to misbehave with the minor victim girl, aged about 14 years while she was going to the house of A2 and on 04.09.2024, by threatening her that he would do away with her parents, had committed penetrative sexual assault on her. He further submitted that the investigation in this case is still pending, hence, he opposed for granting bail to the petitioner.

5. Heard both sides and perused the materials available on record including the statement recorded from the minor victim girl under Section 183 BNSS.

6. Taking into consideration the facts and the submissions made by the learned Government Advocate (Criminal Side) that the investigation in this case is still pending and also considering the statement recorded from the minor victim

girl under Section 183 BNSS, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the Criminal Original Petition stands dismissed. 06.11.2024 ham

A.D.JAGADISH CHANDIRA, J.

ham Crl.O.P.No.27315 of 2024 06.11.2024