BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Tenth day of October Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.12978 of 2011 T. PANGURAJ ... PETITIONER/ACCUSED (RANK NOT KNOWN) Vs STATE REP.BY, THE INSPECTOR OF POLICE ALL WOMAN POLICE STATION, THOOTHUKUDI. CRIME NO.7/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. G.R.SWAMINATHAN Advocate For Respondent : MR.K.S.DURAIPANDY, Govt. Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest, the petitioner, in Crime No.7 of 2011 on the file of the respondent Police for the alleged offences punishable under Sections 376, 506(ii), 201 read with 511 of the Indian Penal Code, has come forward with this Petition seeking for anticipatory bail. 2. According to the case of the prosecution, the defacto complainant is aged about 14 years; the first accused is her uncle; under the promise of marriage, he had sexual intercourse with the de- facto complainant which has resulted in pregnancy and now she is 7 months pregnant. Thereafter, when she disclosed the same to her parents, they took her to the house of the first accused and wanted the first accused to marry her. The parents of the first accused told that they would make arrangements for marriage, but the pregnancy could not be terminated and that now they have declined for the marriage of the first accused with the de-facto complainant. So far as the petitioner is concerned, he is the uncle of the first accused. There is no specific overt act against him. The only grievance against the petitioner is that he did not arrange for the marriage between the first accused and the de-facto complainant. 3. In normal circumstances, this Court would not grant anticipatory bail in a case of rape. But in this case, since there is absolutely no allegations made against the petitioner, I am inclined to grant anticipatory bail to the petitioner. 4. Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on his appearance before the learned Judicial Magistrate Court No.I, Thoothukudi, on 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 respondent https://hcservices.ecourts.gov.in/hcservices/ police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police every day at 10.30 a.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously. Sd/- 10/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.I THOOTHUKUDI 2 THE INSPECTOR OF POLICE ALL WOMAN POLICE STATION, THOOTHUKUDI. 3 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. G.R.SWAMINATHAN Advocate SR.No.34988 ssk/11.10.2011 /5c -2p/- ORDER IN CRL OP(MD) No.12978 of 2011 Date :10/10/2011 https://hcservices.ecourts.gov.in/hcservices/