BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty First day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.16268 of 2011 GOWTHAMAN : PETITIONER/ACCUSED Vs. THE STATE REP.BY THE INSPECTOR OF POLICE AMBASAMUDRAM POLICE STATION, TIRUNELVELI DISTRICT. CRIME NO.27/2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. AR. JEYA RHUTHRAN Advocate For Respondent : Mr. K.S.DURAIPANDIAN Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is an accused in Crime No.27 of 2011 on the file of the respondent police, for offence under Sections 376, 420 of I.P.C. The petitioner was arrested and remanded to judicial custody on 25.09.2011. He has come forward with this petition seeking bail. 2. Heard Mr.AR.Jeya Rhuthran, learned counsel for the petitioner and Mr.K.S.Duraipandian, learned Additional Public Prosecutor appearing for the State. 3. According to the learned counsel appearing for the petitioner, the petitioner is an innocent person and he has been falsely implicated in this case and the petitioner is ready to abide by any conditions likely to be imposed by this Court in the event of granting bail to the petitioner. 4. The learned Additional Public Prosecutor would submit in his argument that the petitioner has been implicated in this case on the allegation that the petitioner, who is a married man, had developed intimacy with the de-facto complainant and had sexual intercourse with her and thereafter cheated her. He further submitted that if the petitioner is released on bail, suitable conditions may be imposed. 5. I have considered the above submissions. https://hcservices.ecourts.gov.in/hcservices/ 6. Considering the submissions made by both sides, I could see that the petitioner has been in incarceration from 25.09.2011 onwards i.e., for a period of 88 days. However, the investigation is still pending and most of the investigation ought to have been completed by this time. The petitioners is also willing to give sample for D.N.A test with that of the new born child to the victim woman, in order to co-operate with the investigation. Therefore, it has become necessary for this Court to consider the bail plea of the petitioner. Accordingly, this Court is inclined to grant bail to the petitioner, but with stringent conditions. 7. In the result, this petition is ordered and bail is granted to the petitioner on the following conditions: - (i) The Petitioner shall be enlarged on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties each for a likesum to the satisfaction of the learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District; (ii) the Petitioner shall report before the respondent police daily at 10.30 a.m., until further orders; and (iii) the petitioner shall furnish sample for D.N.A test whenever the respondent police requires the same since the petitioner already accepted for giving sample. Sd/- 21/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, CHERANMAHADEVI, TIRUNELVELI DSITRICT. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLICE AMBASAMUDRAM POLICE STATION, TIRUNELVELI DISTRICT. 5. THE SUPERINTENDENT, CENTRAL PRISON, TIRUNELVELI. +1 CC to M/S. AR. JEYA RHUTHRAN Advocate SR.No.44901 ORDER IN CRL OP(MD) No.16268 of 2011 Date :21/12/2011 NSV/23.12.11/2P/7C https://hcservices.ecourts.gov.in/hcservices/