Prakash v. State Rep by Deputy Superintendent of Police
2018-10-23
G.JAYACHANDRAN
body2018
DigiLaw.ai
JUDGMENT G. JAYACHANDRAN, J. 1. The Criminal Appeal is filed against the order dated 21.07.2018 passed in Crl.M.P.No. 664 of 2018 by the learned Sessions Judge, (FAC) Mahalir Neethimandram, (Fast Track Mahila Court), Thanjavur. 2. Heard the learned counsel appearing for the appellant and the learned Government Advocate (Crl. side) appearing for the first and second respondents. 3. Records perused. 4. The appellant herein seeks bail for the offence under Section 366 (A) IPC and Section 5(1) r/w Section 6 of POCSO Act 2012 r/w Sections 3(1)(W)(II), 3(2)(V) SC/ST(POA) Amendment Act 2016. 5. The short facts of the case is that the appellant, who is 30 years old, fall in love with 14 years old girl and they eloped. Thereafter, based on a complaint given by the father of the victim, the appellant/accused was secured and remanded to judicial custody. Before the trial Court, the appellant had repeatedly, filed several bail petitions and all were dismissed. The last petition was dismissed on the ground that the victim and her father appeared before the Court below, pursuant to the notice issued to them under Section 15 (A) of the said Act and they have expressed imminent danger to their life, however, they have no objection to grant bail to the accused. It is also recorded by the Court below that the victim and her father have expressed that that they are incurring expenses since they were directed to appear before the Court below frequently in response to the bail petition. 6. Even in this bail petition, though notice was served to the defacto complainant, he has not turned up. In the impugned order, the Court below had categorically observed that the defacto complainant and the victim girl expressed their apprehension at the hands of the appellant and dismissed the bail petition. 7. Considering the nature of offence and age of the victim and also apprehension expressed by them, this Court is of the view that the appellant does not deserve bail. Accordingly, this Criminal Appeal is dismissed.