BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventh day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11352 of 2011 PANDI ..PETITIONER/ACCUSED(SINGLE) Vs. THE STATE REP.BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MELUR, MADURAI DISTRICT. CR.NO.12 OF 2011 ..RESPONDENT/COMPLAINANT For Petitioner : M/S. R.ANAND Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/sole accused was arrested and remanded to judicial custody on 10.8.2011 for the alleged offences punishable under Sections 376, 313 and 201 of 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 the Retired Government Servant and he is a respectable person in the Village and he was given first honour in the Temple festival and that was not liked by others and a false case has been foisted on the basis of the complaint given by the Village Administrative Officer stating that the alleged occurrence has been taken eight months back as if the petitioner has raped the mentally retarded girl and she became pregnant and subsequently, it was aborted. He further pointed out that after eight months only, the complaint has been given by the Village Administrative Officer, neither the victim girl nor the parents of the victim girl has given any complaint and the petitioner was arrested on 10.8.2011 and he is in judicial custody for nearly a month and hence, he come forward with this application and he prays for enlargement on bail. https://hcservices.ecourts.gov.in/hcservices/ 3. The learned Additional Public Prosecutor (Crl.side) would submit that the alleged occurrence has been taken place before eight months from 10.8.2011 and the victim girl is mentally retarded girl and the accused is aged about 65 years and due to rape, she conceived and the parents of the victim girl was alive and investigation is going on. He fairly conceded that the parents of the victim girl have not preferred any complaint and hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides and the alleged occurrence has been taken place eight months prior to 10.8.2011 and a complaint has been given by the Village Administrative Officer on 10.8.2011 and a case has been registered under Sections 376, 313 and 201 of IPC against the petitioner. In that complaint, it is stated that one Pandeeswari aged about 17 years who is mentally retarded was raped by the accused and the victim girl conceived a baby and that has been medically terminated. As per the version of the learned Additional Public Prosecutor, even though the parents of the victim girl is alive, they have not preferred any complaint and 161 Cr.P.C. Statement of the victim girl and her mother was recorded. Even though the victim girl was mentally retarded girl, she stated that the alleged occurrence has been taken place but, admittedly,no complaint has been given. In such circumstances, considering the delay in preferring the complaint, I am inclined to grant bail to the petitioner with certain conditions. 5. Accordingly, the petitioner is ordered to be released on bail on his executing a 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, Melur, Madurai District, and on further condition that the petitioner shall appear before the Judicial Magistrate, Melur, Madurai District daily at 10.30 a.m. until further orders. sd/- 07/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. https://hcservices.ecourts.gov.in/hcservices/ TO 1 THE JUDICIAL MAGISTRATE, MELUR, MADURAI DISTRICT. 2 -Do-Thro' THE CHIEF JUDICIAL MAGISTRATE MADURAI. 3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 5 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MELUR, MADURAI DISTRICT. +1. CC to M/S. R.ANAND Advocate SR.No.30163 akm/08.09.11 /3p-7c/ ORDER IN CRL OP(MD) No.11352 of 2011 Date :07/09/2011 https://hcservices.ecourts.gov.in/hcservices/