BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Third day of August Two Thousand Eleven PRESENT The Hon`ble Mr. Justice S.PALANIVELU CRL OP(MD) No.10452 of 2011 KARIKALAN ... PETITIONER / SOLE ACCUSED Vs STATE REP. BY THE SUB-INSPECTOR OF POLICE KA. VILAKKU POLICE STATION, CRIME NO.190/2011, THENI DISTRICT. ... RESPONDENT / COMPLAINANT For Petitioner : M/S. S.MURUGAN 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 16.07.2011 for the alleged offence punishable under Section 376 read with 511 I.P.C., and 3(1)(xi) of SC/ST Act, in Crime No.190 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 an innocent person and he has been falsely implicated in this case. He would further submit that the allegation against the petitioner is that he took the victim girl into Cashew Thope and attempted to modest her and the investigation is going on and hence, he prays for enlargement on bail to the petitioner. 3. The learned Additional Public Prosecutor would submit that the ingredients of Section 376 is not made out against the petitioner and the investigation is going on and if the petitioner is enlarged on bail, he will tamper the witness 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 petitioner is in judicial custody for more than 35 days, 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, Aundipatti, and on further condition that the petitioner shall stay at Madurai and report before the learned Judicial Magistrate No.2, Madurai daily at 10.30 a.m., until further orders. sd/- 23/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) https://hcservices.ecourts.gov.in/hcservices/ TO 1. THE JUDICIAL MAGISTRATE, AUNDIPATTI. 2. THE CHIEF JUDICIAL MAGISTRATE THENI. 3. THE JUDICIAL MAGISTRATE NO.II, MADURAI. 4. THE SUB-INSPECTOR OF POLICE KA. VILAKKU POLICE STATION, THENI DISTRICT. 5. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 6. THE OFFICER IN-CHARGE, SUB JAIL, AUNDIPATTI, THENI DISTRICT. +1. CC to M/S. S.MURUGAN Advocate SR. No.28563 ORDER IN CRL OP(MD) No.10452 of 2011 Date :23/08/2011 RJ/24.8.11 2p/8c https://hcservices.ecourts.gov.in/hcservices/