BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of August Two Thousand Eleven PRESENT The Hon`ble Ms. Justice R.MALA CRL OP(MD) No.10435 of 2011 1 MARIAPPAN 2 SENTHIL ... PETITIONERS / ACCUSED NO.1 & 2 Vs STATE REP. BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, CR NO. 9/2011, AMBASAMUDRAM, TIRUNELVELI DISTRICT. ... RESPONDENT / COMPLAINANT For Petitioner : M/S. K.KANNAN Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are arrayed as A1 & A2 and they were remanded to judicial custody from 17.06.2011 for the alleged offences 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, seek bail. 2. The learned counsel appearing for the petitioners would submit that the alleged occurrence has been taken place on 03.06.2011 and a case has been registered on 17.06.2011 and the petitioners were arrested on the same day itself and A4 is absconding and the investigation is considerably over and hence, he prays for enlargement on bail. 3. The learned Additional Public Prosecutor (Crl. Side) would submit that it is a case of gang rape and the occurrence has been taken place on 03.06.2011 and the aged of the victim is 20 years and a case has been registered on 17.06.2011 and A4 is absconding and the investigation is going on and hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides and also considering the fact that the victim is a married lady and due to family problem she left her from the matrimonial home and at that time, the petitioners herein along with others committed the rape under threat and a case has been registered on 17.06.2011 and the investigation is going on and A4 is yet to be arrested, I do not find any merits in this application and hence, this petition is dismissed. sd/- 11/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) https://hcservices.ecourts.gov.in/hcservices/ TO 1. THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, AMBASAMUDRAM, TIRUNELVELI DISTRICT . 2. THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. 3. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.10435 of 2011 Date :11/08/2011 RJ/18.8.11 2p/4c https://hcservices.ecourts.gov.in/hcservices/