BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirteenth day of July Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.8602 of 2011 1 MARIYANATHAN 2 JEGANIVASAN ..PETITIONERS/ACCUSED NO.1 & 2 Vs. STATE REP.BY THE INSPECTOR OF POLICE DEVAKOTTAI TALUK POLICE STATION, SIVAGANGAI DISTRICT. CRIME NO.1/2011 ..RESPONDENT/COMPLAINANT For Petitioners : M/S.S.M.SANJAY Advocate For Respondent : MR.A.RAMAR, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are arrayed as A1 and A2 and they were arrested and remanded to judicial custody on 03.01.2011 for the alleged offence punishable under Section 376 and 302 I.P.C., in Crime No.1 of 2011 on the file of the respondent police and hence, seeks bail. 2. The learned counsel for the petitioner would submit that the petitioners are innocent persons and they have been falsely implicated in this case. The case of the prosecution is that when the victim girl grassing the cows in the field at 10.00 a.m. on 01.01.2011, the petitioner has rapped her and committed the murder. He further submitted that they are in custody for the past six months and investigation is over and charge sheet has been filed and hence he prays for enlargement on bail. 3. The learned Additional Public Prosecutor would submit that the charge sheet has been filed, which was taken on file in S.C.No.86 of 2011 and the same was posted on 10.08.2011, for framing of charges. He further submitted that the victim girl is aged about 16 years and hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides and also considering the fact that charge sheet has been filed, which was https://hcservices.ecourts.gov.in/hcservices/ taken on file in S.C.No.86 of 2011 and the same was posted on 10.08.2011, for framing of charges. In such circumstances, if the petitioners are enlarged on bail, they will tamper the witnesses and abscond from the jurisdiction of this Court and also considering the age of the victim girl, I am not inclined to grant bail to the petitioners. However, I am inclined to direct the learned Sessions Judge, Sivagangai, to dispose of the case in S.C.No.86 of 2011, within a period of two months from the date of receipt of a copy of this order. 5. With the above direction, this petition is disposed of. sd/- 13/07/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE SESSIONS JUDGE, SIVAGANGAI. 2 THE OFFICER-IN-CHARGE, CENTRAL PRISON, THANJAVUR. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4 THE INSPECTOR OF POLICE DEVAKOTTAI TALUK POLICE STATION, SIVAGANGAI DISTRICT. +1. CC to M/S. S.M.SANJAY Advocate SR.No.22664 akm/14.07.11 /2p-6c/ ORDER IN CRL OP(MD) No.8602 of 2011 Date :13/07/2011 https://hcservices.ecourts.gov.in/hcservices/