BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11603 of 2011 SUBRAMANIYAN ... PETITIONER / ACCUSED Vs STATE THROUGH THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THIRUPPARANKUNDRAM, IN CRIME NO.12/2011, MADURAI DISTRICT. ... RESPONDENT / COMPLAINANT For Petitioner : M/S. D.MALAICHAMY Advocate For Respondent : M/S. A.RAMAR, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is arrayed as an accused and he was arrested and remanded to judicial custody on 12.06.2011 for the alleged offence punishable under Section 376 I.P.C. in Crime No.12 of 2011 on the file of the respondent police and hence, seeks bail. 2. The learned counsel for the petitioner would submit that the petitioner is an innocent person and a false case has been foisted against the petitioner under Section 376 I.P.C. He would further submit that the alleged occurrence has been taken place between 15.01.2011 to 08.06.2011 and the complaint has been given on 11.06.2011 and the petitioner was arrested on 12.06.2011 and now he is in judicial custody for 89 days and the investigation is considerably over and this is case on consent for sexual intercourse and hence, he has come forward with the present application. 3. Repudiating the same, the learned Additional Government Pleader would submit that the accused is the owner of a jasmine garden. Where the victim girl, who is a physical challenged lady i.e. dumb, was working as coolie plucking up the jasmine flowers and during that period, the petitioner has molested her and now she is in pregnancy of 7 months. He would further submit that after she have birth a child only, D.N.A. test will be performed and if the petitioner is enlarged on bail, he will tamper the witnesses and abscond from the jurisdiction and hence, he prayed for the dismissal of the application. https://hcservices.ecourts.gov.in/hcservices/ 4. I have considered the arguments made on either side and perused the materials available on record. 5. The alleged occurrence said to have been taken place from 15.01.2011 and the has been given on 11.06.2011 against the name petitioner. Perusal of the complaint would show that the victim is a physically challenged lady i.e. dumb and she is plucking the jasmine flowers in the garden of the accused. It is seen from the records that when the victim girl was ill-health, her sister / the defacto complainant came to know that the victim girl is pregnant. Since the victim girl is a dumb, taking advantage of the same, the petitioner molested her and now she is conceived and her sister has given a complaint. Even though the petitioner is in custody for more than 89 days, it is not a ground to grant bail to the petitioner. In such circumstances, I am of the view that it is not a fit case to grant bail to the petitioner and the petition deserves to be dismissed. 6. Accordingly, this criminal original petition is dismissed. sd/- 09/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THIRUPPARANKUNDRAM, MADURAI DISTRICT. 3. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI ORDER IN CRL OP(MD) No.11603 of 2011 Date :09/09/2011 SMA/14.9.2011/4C/2P https://hcservices.ecourts.gov.in/hcservices/