Selvam v. State Rep By

P.DHANABAL, J.

The petitioner who was arrested and remanded to judicial custody on 11.11.2023, seeks bail in Crime No.545 of 2023, which was registered by the respondent Police for the offences under Sections in Cr.No.545 of 2023 under Sections 366, 376(1) of IPC and Section 3(a) r/w 4(1) of POCSO Act, 2012.

2. The case of the prosecution is that due to love affair, the petitioner had abducted the minor victim girl and committed penetrative sexual assault. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner has been in judicial custody from 11.11.2023 and hence, he seeks for granting of bail to the petitioner. 1/3

4.The learned Additional Public Prosecutor for the respondent submitted that the petitioner had abducted the minor and committed penetrative sexual assault. She further submitted that the statement of the victim girl was recorded under Section 164 of Cr.P.C. Since the offences are grave in nature, she strongly opposed to grant bail to the petitioner. 5.Heard both sides and perused the materials available on record including statement of the victim girl recorded under Section 164 of Cr.P.C.. 6.Considering the rival submissions on either side and considering that investigation is pending and also considering the gravity of the offence, I am declined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. 28.12.2023 Vv/vca 2/3

P.DHANABAL, J.

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