P.TAMILSELVAN Vs. STATE
LAWS(MAD)-2022-10-70
HIGH COURT OF MADRAS
Decided on October 13,2022

P.Tamilselvan Appellant
VERSUS
STATE Respondents


Referred Judgements :-

P.K.SHAJI VS. STATE OF KERALA [REFERRED TO]


JUDGEMENT

A.D.JAGADISH CHANDIRA,J. - (1.)The petitioner, who was arrested and remanded to judicial custody on 30/6/2022, for the offences punishable under Ss. 376(3) and 354(A)(1)(i) of IPC, Ss. 4(2), 3(a), 6(1), 5(j)(ii), 5(l), 8, 7, 10 and 9(l) of the POCSO Act, 2012, in Crime No.16 of 2022, on the file of the Respondent police, seeks bail.
(2.)The case of the prosecution as per the de-facto complainant/minor victim girl is that the accused is the neighbour of her sister and that when she had come from Kerala to her sister's house, the accused befriended her and had penetrative sexual assault on her twice, due to which, she became pregnant and later she had aborted, by taking abortion pills. Hence the complaint.
(3.)The learned counsel appearing for the petitioner would submit that the petitioner is aged about 21 years at the time of occurrence and the petitioner without understanding the rigours and consequences of the POCSO Act, befriended the victim girl and during the friendship he had moved physically with her. He would also submit that the petitioner is in custody from 30/6/2022. He would further submit that the petitioner understands that the statement has been recorded from the victim girl under Sec. 164 of Cr.P.C., wherein, she has stated that there was friendship and love affair between the petitioner and the victim girl. He would also state that the investigation has been completed and the final report has also been filed in Spl.S.C.No.134 of 2022 on the file of the Magalir Neethimandram, Fast Track Mahila Court, Tiruppur and the case now stands posted for trial. Therefore, he prays for grant of bail to the petitioner.


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