1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Third day of August Two Thousand Eleven PRESENT The Hon`ble Ms. Justice R.MALA CRL OP(MD) No.9808 of 2011 MURUGARAJ ... PETITIONER / SOLE ACCUSED Vs THE STATE REP. BY THE INSPECTOR OF POLICE UTHUMALAI POLICE STATION, TIRUNELVELI DISTRICT. CRIME NO.136 OF 2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. R.PON KARTHIKEYAN 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 petitioner is arrayed as an accused and he was arrested and remanded to judicial custody on 08.06.2011 for the alleged offence punishable under Sections 366(A) and 376 I.P.C. and Sections 3(1) (xii) and 3(2)(v) of SC/ST (POA) Act, in Crime No.136 of 2011 on the file of the respondent police and hence, seeks bail. 2. The learned counsel for the petitioner would submit that a false case has been foisted against the petitioner under Sections 366(A) and 376 I.P.C. and Sections 3(1) (xii) and 3(2)(v) of SC/ST (POA) Act. He would further submit that the victim girl is aged about 17 years and the victim girl fell in love with the petitioner and they eloped and the investigation is considerably over and hence, he prays for enlargement on bail. 3. The learned Additional Public Prosecutor would submit that the victim girl has been secured and the investigation is considerably over. He would further submit that they are awaiting for the Medical Report 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 case has ben registered under Sections 366 (A) and 376 I.P.C. and Sections 3(1) (xii) and 3(2)(v) of SC/ST (POA) Act and the occurrence has been taken place on 03.06.2011 and the victim girl fell in love with the petitioner and left her parental home and both of them have been secured and after the examination she went to her parental house and the investigation is considerably over and the petitioner is in custody from 08.06.2011, I am inclined to grant bail to the petitioner with certain conditions. https://hcservices.ecourts.gov.in/hcservices/ 2 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, Tenkasi, and on further condition that the petitioner shall report before the Court concerned daily at 10.30 a.m. until further orders. sd/- 03/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, TENKASI. 2. THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI. 3. THE INSPECTOR OF POLICE UTHUMALAI POLICE STATION, TIRUNELVELI DISTRICT. 4. THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. 5. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. + 1 CC to M/S. R.PON KARTHIKEYAN Advocate SR.No.25754 ORDER IN CRL OP(MD) No.9808 of 2011 Date :03/08/2011 RJ/4.8.11 2p/7c https://hcservices.ecourts.gov.in/hcservices/