Vivek v. The State Rep By Its,

Crl.O.P.No.31810 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 fell in love with each other and further submitted that the victim girl on her own volition eloped with the petitioner. He further submitted that now charge sheet has been filed and the petitioner has been suffering incarceration from 06.11.2022. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate 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 already dismissed the earlier bail petition. This is the second bail petition. Even then, there is no change of circumstances in this 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.31810 of 2022 23.12.2022