JEYAKRISHNAN Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 23/8/2022 for the offences punishable under Ss. 366 of IPC read with 5(I), 6 of POCS Act, in Crime No.176 of 2022 on the file of the Respondent police, seeks bail.

(2.) The case of the prosecution is that there was love affair between the petitioner and the victim minor girl, who is aged about 14 years and thereby, on a false promise of marrying her, the petitioner had committed penetrative sexual assault on the victim minor girl on several occasions. Hence, the complaint.

(3.) The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would also submit that the petitioner and the defacto complainant belongs to same community and they are residing at same village for long time. He would further submit that the petitioner without understanding the rigours and consequences of POCSO Act, had entered into love affair with the victim minor girl. He would also submit that the petitioner understands that the 164 of Cr.P.C., statement has been recorded from the victim girl, where she has stated that she was having love affair with the petitioner and on her own volition she went along with the petitioner. He would also reiterate that the petitioner is in custody from 23/8/2022. Therefore, he prays for grant of bail to the petitioner.