KAYALVIZHI Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioners/A4 and A5, who were arrested and remanded to judicial custody on 4/3/2023 for the alleged offence punishable under Ss. 363,366(A), 370(4) of IPC r/w.Sec. 5(l),5(g),6(1) 17 of POCSO Act in Crime No.1 of 2023, on the file of the respondent police, seek bail.

(2.) The case of the prosecution is that 15 years old girl was sexually exploited by A1 to A5 in this case. The victim girl has been lured by the petitioner and another woman and left the victim to the hands of A1 on 26/12/2022 and taken to a private marriage hall at Parthibanoor and subjected to repeated aggravated penetrative sexual assault by A1 on various occasions. Thereafter on 12/2/2023 the petitioner allegedly took the victim in the car of A3 bearing Reg. No. TN 64 P 1206 in which A2 was also there. The victim girl was again taken to small hall where A2 and A3 forcibly committed penetrative sexual assault on her repeatedly at the same time. Hence the case.

(3.) The learned counsel appearing for the petitioners would contend that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He would further submit that the main accused is A1 and the petitioner is no wasy connected with the alleged occurrence and the petitioners are in custody from 4/3/2023, hence he seek bail.