Vinnarasu v. State Rep By

Crl.O.P.No.31724 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 19.09.2022 for the offences punishable under Sections 506(i) of IPC read with Section 11(i), 12, 5(l) and 6 of POCSO Act, 2012 in Crime No. 15 of 2022 on the file of the respondent police seeks bail.

2. The case of the prosecution is that the petitioner is aged about 21 years and the victim girl is aged about 17 years. The allegation is tht the petitioner had given love torture to the victim girl and when the victim girl refused to love him, the petitioner had taken her to a remote place and gave a juice mixed with drugs and thereby, the victim girl fainted. Utilizing the said circumstances, the petitioner had taken nude photographs of her and also committed penetrative sexual assault on her. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocen person and that the petitioner and the victim girl are close relatives. He would further submit that there was love affair between

them. He further submitted that the petitioner has been suffering incarceration from 19.09.2022. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate submitted that the statement of the victim girl under Section 164 of Cr.P.C has been recorded. Further, he opposed for grant of 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 already dismissed the earlier bail petition. This is the second bail petition. Even then, there is no change of circumstances of the case. Hence, this court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original petition is dismissed. 23.12.2022 lok

G.K.ILANTHIRAIYAN, J.

lok Crl.O.P.No.31724 of 2022 23.12.2022