BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of September Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.11372 of 2011 1. MARIAPPAN, 2 SENTHIL, ... PETITIONERS/ACCUSED NO.1 & 2 Vs THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, AMBASAMUDRAM, TIRUNELVELI DISTRICT. CRIME NO.9 OF 2011. ... RESPONDENT/COMPLAINANT For Petitioner : M/S. K.K.KANNAN Advocate For Respondent : MR.A.RAMAR, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are arrayed as A1 and A2 and they were arrested and remanded to judicial custody on 17.06.2011 for the alleged offence punishable under Sections 376(ii)(G) and 506(ii) I.P.C., in Crime No.9 of 2011 on the file of the respondent police and hence, seeks bail. 2. The learned counsel for the petitioners would submit that the alleged occurrence has been taken place on 03.06.2011 and the complaint has been given on 17.06.2011 and hence, there is a delay in preferring the complaint. He further submitted that the medical evidence has been clearly proved that the petitioners have no sexual intercourse with the defacto complainant and there is no case of rape. He further submitted that the petitioners are in judicial custody for more than 75 days and hence, he prays for enlargement on bail. 3. The learned Additional Public Prosecutor would submit that a case has been registered against four persons and A1 is the Auto driver. He further submitted that when the defacto complainant left her matrimonial home to parental home, the accused persons altogether raped her, then only, the defacto complainant has given a complaint on 17.06.2011. He further submitted that A1 to A3 were arrested and A4 is absconding and the investigation is going on and hence, he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 4. Considering the rival submissions made by both sides and also considering the fact that the victim girl is aged about 22 years and she is a married lady, when she left her matrimonial home to parental home, the accused persons have committed rape and as per the medical document no external injury and they are in custody for more than 75 days, I am inclined to grant bail to the petitioners with certain conditions. 5. Accordingly, the petitioners are ordered to be released on bail on executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Ambasamudram, Tirunelveli District and on further condition that the petitioners shall report before the Court concerned daily at 10.30 a.m. until further orders. sd/- 05/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE JUDICIAL MAGISTRATE, AMBASAMUDRAM, TIRUNELVELI DISTRICT. 2. -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3. THE SUPERINTENDENT, CENTRAL JAIL, PALAYAMKOTTAI, TIRUNELVELI DISTRICT. 4. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, AMBASAMUDRAM, TIRUNELVELI DISTRICT. 5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. K.K.KANNAN Advocate SR.No.29857 SR : 06.09.2011 : 2p/7c ORDER IN CRL OP(MD) No.11372 of 2011 Date :05/09/2011 https://hcservices.ecourts.gov.in/hcservices/