THEENATHAYALAN Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 5/10/2022 for the alleged offences punishable under Ss. 174 Cr.P.C., @ 306 of IPC, 12, 11(4) Protection of Children from Sexual Offences Act, 2012, in Crime No.409 of 2022 on the file of the respondent Police, seeks bail.

(2.) On the complaint given by one Maheswari that on 4/10/2022, her elder daughter minor XXXX , aged about 15 years, was found dead by hanging inside the house, a case in Crime No.409 of 2022 was registered under Sec. 174 Cr.P.C and later during course of investigation, it was found that the petitioner, who belongs to the same village, harassed and humiliated her, due to which, the victim had committed suicide by hanging, thereby, the offence has been altered to one under Ss. 306 of IPC, 12, 11(4) Protection of Children from Sexual Offences Act, 2012.

(3.) The learned counsel appearing for the petitioner would submit that the petitioner, aged about 18 years, who is a Diplomo holder, is an innocent person and a false complaint has been given against him. He would further submit that the petitioner's sister was conducting tuition classes to the victim and the petitioner was friendly with the victim, whereas the mother of the victim, suspecting that there was a relationship more than a friendship between them, had reprimanded the victim girl, due to which, she had committed suicide by hanging and now in order to blame the petitioner, a false complaint has been lodged against him, as if he has harassed the victim girl. He would also state that the major part of the investigation is over and the petitioner was arrested on 5/10/2022 and he is in custody for more than a month and hence, he prays for grant of bail to the petitioner.