BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourteenth day of September Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.8123 of 2011 MANIKANDAN ... PETITIONER/ACCUSED NO.4 Vs THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, AMBASAMUDRAM, TIRUNELVELI DISTRICT. ( CR.NO.9 OF 2011 ) ... RESPONDENT/COMPLAINANT For Petitioner : M/S. R.ANAND Advocate For Respondent : MR.A.RAMAR, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 376(2)(g) and 506(ii) of IPC, in Crime No.9 of 2011 on the file of the respondent police and hence seek anticipatory bail. 2. The learned counsel for the petitioner would submit that the petitioner is arrayed as an accused No.4. The case has been registered against four persons. The alleged occurrence has been taken place on 03.06.2011 and the complaint has been given on 17.06.2011. The victim girl is a married lady aged about 23 years. Even though the case of the prosecution is that is a gang rape, she has not sustained any external injury. A1 and A2 were arrested and enlarged on bail and the investigation is over and hence, he prays for enlargement on anticipatory bail. 3. Refuting the same, the learned Additional Public Prosecutor would submit that the case has been registered against four persons. A1 is an auto driver. When the defacto complainant left the matrimonial home to parental home, all the accused altogether raped the victim girl and the investigation is going on and hence, he prays for dismissal of this application. 4. Considering the rival submissions made by both sides and also https://hcservices.ecourts.gov.in/hcservices/ considering the fact that the victim girl is a married lady aged about 23 years. On 03.06.2011 when she left the matrimonial home to parental home, the alleged occurrence has been taken place. On perusal of medical certificate she has not sustained any external injury and there is a delay in preparing the complaint. Further more A1 and A2 were already arrested and enlarged on bail and also considering the gravity of the offence, I am inclined to grant anticipatory bail to the petitioner, with certain conditions. 5. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate, Ambasamudram and on execute 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 Magistrate concerned and on further condition that the petitioner shall report before the Investigating Agency for interrogation whenever he received the summons from them. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 6. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 14/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE JUDICIAL MAGISTRATE, AMBASAMUDRAM. 2. -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, AMBASAMUDRAM, TIRUNELVELI DISTRICT. 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. R.ANAND Advocate SR.No.31491 SR : 19.09.2011 : 2p/6c ORDER IN CRL OP(MD) No.8123 of 2011 Date :14/09/2011 https://hcservices.ecourts.gov.in/hcservices/