Guru @ Hari Ganapathy @ Hari Krishnan v. State Rep By

Crl.O.P.No.26809 of 2023 Crl.O.P.No.26809 of 2023 C.V.KARTHIKEYAN , J.

The petitioner is an accused in Crime No.438 of 2023 had been registered for the offences under Sections 3(a) r/w 4(2) of POCSO Act, 2012 seeks bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal side).

3.The petitioner had been taken into custody on 20.09.2023. The petitioner and the victim child belonged to same community. The learned counsel for the petitioner submitted that the petitioner is willing to marry the victim child. But however, a perusal of the statement recorded under Section 164(5) Cr.P.C shows that the petitioner had committed sexual offence against the victim child and during the course of recording such statement, the learned Magistrate recorded that the victim child cried. 4.Let the victim child be examined as witness before the trial Court and till that time, she should be given some protection to depose what she actually wants to express. Therefore, at this stage, the petition seeking bail is https://www.mhc.tn.gov.in/judis 1/2

Crl.O.P.No.26809 of 2023 rejected.

C.V.KARTHIKEYAN , J.

gd 5.Accordingly, this Criminal Original Petition is dismissed. 27.11.2023 gd Crl.O.P.No.26809 of 2023 https://www.mhc.tn.gov.in/judis 2/2