DOSS Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 30/11/2021 for the alleged offences punishable under Ss. 4 of POCSO Act, 2012 r/w Sec.294(b), 506(ii) of I.P.C., in Crime No.13 of 2021 on the file of the respondent police, pending trial in Spl.S.C.No. 105 of 2022 on the file of learned Special Court for Exclusive Trial of cases under POCSO Act, Chennai, seeks bail.

(2.) The case of prosecution is that the petitioner and victim child are neighbours. Victim child is aged about 17 years and the petitioner is aged about 52 years. On the date of alleged occurrence, i.e. on 19/11/2021 at about 06.00 p.m., when the victim girl came to house of petitioner for charging cell phone, thereby, the petitioner said to have threatened her and he had sexual inter course with her at knife point. Hence, the complaint.

(3.) The learned counsel for the petitioner submitted that he is neighbour of victim child and already due to a dispute, there was a wordy quarrel between them and after lapse of 11 days, the complaint was lodged against him. So, the allegations made against the petitioner is baseless and fabricated. He would submit that he is no way connected with the offence and he has not at all committed any offence as alleged by the respondent police. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than one year from 30/11/2021. Hence, he prayed to grant bail to the petitioner.