BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirty First day of October Two Thousand Eleven PRESENT THE HON`BLE MR.JUSTICE S.NAGAMUTHU CRL OP(MD) No.14072 of 2011 MUSTAFA ... PETITIONER/ACCUSED NO.2 Vs THE INSPECTOR OF POLICE TIRUCHENDUR POLICE STATION, THOOTHUKUDI DISTRICT. ( CRIME NO.420 OF 2011 ) ... RESPONDENT/COMPLAINANT For Petitioner : M/S. R.ANAND Advocate For Respondent : MR.K.S.DURAI PANDI, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is the second accused in Crime No.420 of 2011 for offences under Sections 366(A), 376 and 506(II) IPC r/w. Section 3(1) (xii) of SC and ST (POA) Act. He was arrested on 19.09.2011. He has come forward with this petition seeking bail. 2. According to the case of prosecution, the accused 1 to 3 are friends. By force, they have taken the victim girl, who is aged hardly 14 years to a circuited place and committed rape on her. The said girl belongs to a downtrodden community and there is also an acquisation under Section 3(1) (xii) of SC and ST (POA) Act. 3. The learned counsel for the petitioner would submit that due to some other transaction, which resulted in misunderstanding between the two families, the petitioner has been falsely roped in. He would further submit that the petitioner is doing second year in Engineering Course, and therefore, according to the learned counsel, he is entitled for bail. 4. The learned Additional Public Prosecutor would stoutly oppose this petition. According to him, the victim girl, aged hardly 14 years, has been raped and the investigation is still pending. 5. In my considered opinion, if the allegations are true, then, the petitioner is liable to be punished in a very stringent manner. The allegation is that a poor girl hardly aged 14 years belongs to a downtrodden community has been taken by three people and raped repeatedly by A1 and A2. This merciless act of the accused cannot be lightly viewed. https://hcservices.ecourts.gov.in/hcservices/ When the investigation is pending and going by the gravity of the offence said to have been committed by the petitioner, I am of the view that this is not a fit case for grant of anticipatory bail, though it is claimed that the petitioner is a student. In such view of the matter, this petition is dismissed. sd/- 31/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. 2. THE INSPECTOR OF POLICE, TIRUCHENDUR POLICE STATION, THOOTHUKUDI DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. SR : 08.11.2011 : 2P/4C ORDER IN CRL OP(MD) No.14072 of 2011 Date :31/10/2011 https://hcservices.ecourts.gov.in/hcservices/