LAWS(MAD)-2024-2-40

PETCHIMUTHU Vs. INSPECTOR OF POLICE

Decided On February 21, 2024
Petchimuthu Appellant
V/S
INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 24/12/2023 for the offence punishable under Sec. Girl Missing altered into Ss. 366, 346 IPC and Ss. 5(I) r/w 6 and 17 POCSO Act in Crime No.385 of 2023, on the file of the respondent Police, seeks bail.

(2.) The case of the prosecution is that the defacto complainant is having nine children, out of which seven are married. On 3/9/2023, the defacto complainant and his family members were went to his first daughter's new house ceremony function at Thisayanvilai. When they about to return back, his 9th daughter was missing. Hence, he preferred complaint. Thereafter, it came to light that the accused persons kidnapped the daughter of the defacto complainant, in a car and made sexual assault. The petitioner herein is the driver of the car, which was used to kidnap the victim girl.

(3.) The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is a taxi driver and A4 in this case hired the car. Hence, he prayed to grant bail to the petitioner.