MURUGAN Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 12/10/2022 for the offences punishable under Ss. 366 (A) IPC, 5(1), 6 of Protection of Child from Sexual Offences Act, 2012 in Crime No.432 of 2022 on the file of the respondent police, seek bail.

(2.) The case of the prosecution is that the petitioner kidnapped the victim minor girl and thereby committed repeated penetrative sexual assault on her. Hence, the case.

(3.) The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person. He would further submit that the petitioner and the victim girl became friends in Face Book. Later, since it came to the knowledge of the parents, the victim had eloped with petitioner from the house and the petitioner and the victim stated to have been stayed together in the house of the petitioner for two days. Later coming to knowledge about the registration of the case, the petitioner had voluntarily surrendered before the respondent police and thereafter remanded to judicial custody. He would further submit that, the petitioner had not committed penetrative sexual assault on the victim girl under compulsion. He would further submit that the petitioner is in custody from 21/9/2022. Hence, he seeks for grant of bail to the petitioner.