KAMAL Vs. STATE

JUDGEMENT

(1.) The petitioner who was arrested and remanded to judicial custody on 1/12/2023 for the offences registered under Sec. 174 Cr.P.C as girl missing and later, altered to Ss. 366, 376(2)(n) of IPC and Ss. 5(1) and 6(1) of POCSO Act, 2012 and Sec. 9 of Prohibition of Child Marriage Act, in Cr.No.475 of 2023 on the file of the respondent Police, seeks bail.

(2.) This Court perused the statement under Sec. 164(5) Cr.P.C recorded from the victim girl and it is seen that the petitioner has given a false name to the victim girl and he also stated that he was not a married person and lured her into physical relationship. Later, she came to know the actual name and also the fact that he is married.

(3.) The earlier application seeking bail in Crl.O.P.No.28824 of 2023 was dismissed by this Court on 22/1/2024. Now, it is stated that the investigation has been completed and final report had been taken cognizance as Spl.S.C.No.35 of 2024 before the Special Court for Exclusive Trial of cases under POCSO Act, Thiruvannamalai. In the statement recorded under Sec. 164(5) of Cr.P.C., the victim child had stated that she hopes the petitioner would not mislead any other victim.