SARAVANAN Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 14/9/2022 for the offences punishable under Sec. 366 of IPC and Ss. 5(1) r/w 6 of POCSO Act 2012, in Crime No.182 of 2022 on the file of the respondent Police, seeks bail.

(2.) The case of the prosecution as per the defacto complainant/ Arunkumar is that the accused had kidnapped his minor sister and committed penetrative sexual assault on her. Hence the complaint.

(3.) The learned counsel appearing for the petitioner would submit that the petitioner, aged about 19 years and the victim girl, aged about 16 years, hail from the same village and there was a relationship between them. When the relationship came to be known to the family members of the victim, they have harassed and reprimanded her, thereby, the victim girl had eloped with the petitioner. The petitioner without understanding the consequences and rigours of the POCSO Act, had taken the victim girl to his sister's house and had physical relationship with her. Later, on coming to know about the registration of the case, the petitioner has voluntarily surrendered before the respondent Police on the next day and he is in custody from 14/9/2022. He would also submit that the statement under Sec. 164 of Cr.P.C, has been recorded from the victim girl, wherein she has stated that there was a relationship between them. Hence, he prays for grant of bail to the petitioner.