MANIKANDAN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 7/3/2023 for the offences punishable under Ss. 363, 366(A) of IPC r/w Ss. 5(1), 6 of Protection of Children from Sexual Offences Act and Sec. 9 of Child Marriage Act in Crime No.08 of 2023 on the file of the respondent police, seeks bail.

(2.) On the complaint given by the de-facto complainant/ Parimal that her daughter, aged about 17 years, who is studying 12th standard, was found missing, a "girl missing" case in Crime No.08 of 2023 was registered by the respondent Police. During the course of investigation, it came to light that the accused had kidnapped the minor victim girl, aged about 17 years and committed repetitive penetrative sexual assault on her, thereby, the case has been altered to one under Ss. 363, 366(A) of IPC r/w Ss. 5(1), 6 of Protection of Children from Sexual Offences Act and Sec. 9 of Child Marriage Act. Hence the case.

(3.) Learned counsel appearing for the petitioner submitted that the petitioner, aged about 19 years, is an innocent person and a false complaint has been given as against him. He further submitted that the petitioner was having a love affair with the minor victim girl, aged about 17 years and the family members of the victim girl coming to know about the same, have reprimanded the victim girl and thereby, the victim, out of depression, had come out of her house and eloped along with the petitioner. He also submitted that the petitioner, without understanding the consequences and rigours of the Protection of Children from Sexual Offences Act, had taken the minor victim girl with him. He also submitted that the petitioner has not committed any penetrative sexual assault on the victim girl and he further submitted that the petitioner, understands that the statement has been recorded from the victim girl under Sec. 164 Cr.P.C, wherein, she has not made any allegation of sexual assault against him. He further submitted that the petitioner is in custody from 7/3/2023, hence, he prays for grant of bail to the petitioner.