VINOTHKUMAR Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 25/7/2023 for the offences punishable under Ss. 5(m), 5(l), 5(j)(ii), 6(1), 9(m) and 10 of POCSO Act, 2012 pending in Crime No.65 of 2023 on the file of the respondent police seeks bail.

(2.) It is the submission of the learned counsel for the petitioner that, petitioner is falsely implicated in this case for the offences under Ss. 5(m), 5(l), 5(j)(ii), 6(1), 9(m) and 10 of POCSO Act, 2012 pending in Crime No.65 of 2023. He had no relationship, especially sexual relationship with the victim girl. However, on the basis of false accusation, he is remanded to the judicial custody on 25/7/2023, since then he is in judicial custody. Thus, he seeks for grant of bail to the petitioner.

(3.) In response, the learned Additional Public Prosecutor submitted that, victim girl was aged 12 years. There are two accused in this case. Petitioner is the 2nd accused. From the statement of the victim girl recorded under Sec. 164 Cr.P.C, it is seen that, 1st accused had sexual relationship with the victim girl, however, there is no incriminating statement given by the victim girl against this petitioner. Medical examination of the victim girl was over. However, he prays for dismissal of this petition.