MANIKANDAN Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 9/7/2022 for the offences punishable under Ss. 5(1) read with Sec. 6 of POCSO ACT and Sec. 8 of the Child Marriage Act in Crime No.712 of 2022 on the file of the Respondent Police, seeks bail.

(2.) The case of the prosecution is that the petitioner had kidnapped the minor daughter of the defacto complainant from her lawful guardianship and had taken her to various place and thereby performed child marriage with the victim and thereafter committed penetrative sexual assault on her. Hence, the case.

(3.) Learned Counsel for the petitioner would submit that the petitioner is a young boy without understanding the consequences and rigours of the Prevention of Child from Sexual Offences Act, had befriended the victim through Instagram and had developed their relationship through mobile phone. The petitioner on the intimation of the victim girl had come to Tiruppur and thereafter eloped from Tiruppur to Tiruchandur and thereby the petitioner tied thali and gone to Pondicherry and there the petitioner is said to have committed penetrative sexual assault on the victim. He would further submit that the petitioner has now attained majority and major part of the investigation has been completed. He would further submit that the petitioner is prepared to abide by any stringent condition imposed by this Court. Hence, he prays for grant of bail to the petitioner.