BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Tenth day of November Two Thousand Eleven PRESENT THE HON`BLE MR.JUSTICE S.NAGAMUTHU CRL OP(MD) No.14514 of 2011 THANGAPANDI ... PETITIONER/ACCUSED NO.4 Vs THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THIRUPPATHUR, CR NO. 6/2011 ... RESPONDENT/RESPONDENT For Petitioner : M/S. M.DANIEL MANOHARAN Advocate For Respondent : MR.K.S.DURAI PANDIAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is the fourth accused in Crime No.6 of 2011 on the file of the respondent police for offences under Section 147, 366, 328, 376 I.P.C. and Section 4 of TNPHW Act. He was remanded to judicial custody on 13.10.2011. He seeks bail. 2. According to the case of prosecution, the victim girl is aged 18 years. She is studying in a local college. The first accused by name Sakthivel had fallen in love with her. The F.I.R. would further go to show that the victim girl was also willing in love with the first accused. When she wanted the first accused to marry her, the first accused stated that he would marry her provided his parents also gave consent. While so, on 07.10.2011, at about 10.00 a.m., the victim girl and her mother had gone to Thiruppathur to a Super Market. When the mother of the victim girl was inside the shop, the victim girl was awaiting outside and at that time, it is stated that the petitioner along with other accused came in a car and took her in the car. On their way they gave some liquid to her to drink and she further claims that the fainted. Thereafter, when the car developed some repair, they abandoned the car and ran away. Thereafter, her parents took her to the hospital. With these allegations, the present case has been registered. 3. The learned counsel appearing for the petitioner would submit that the petitioner has been falsely implicated in this case and there was no such occurrence at all. He would further point out that neither there was any rape nor any molestation and a simple love affair has been converted into the alleged crime of rape, by the parents in order to break the love affair between the first accused and the victim girl. Therefore, the learned counsel prayed for bail. 4. The learned counsel appearing for the petitioner would further submit that two other accused by name Sarathkumar and Sakthivel have been granted bail by this Court in Crl.OP.(MD)Nos.14151 and 14251 of 2011, by order dated 04.11.2011. He would further submit that while granting bail, this Court perused the case dairy including the medical reports. He would https://hcservices.ecourts.gov.in/hcservices/ further submit that according to the medical reports, there was no rape committed on the victim girl. The learned counsel has produced the order copy also. 5. I have considered the above submissions. 6. Having regard to the fact that this Court already found that the victim girl was not raped as per the materials available, including the medical reports and all other attendant circumstances including the fact that two other accused have been granted bail, I am inclined to grant bail to the petitioner also, 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 like sum to the satisfaction of the learned Judicial Magistrate, Thiruppathur; and (ii) the petitioner shall remain at Pudukkottai and report before the learned Judicial Magistrate No.I, Pudukkottai, everyday at 10.30 a.m. until further orders. sd/- 10/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE JUDICIAL MAGISTRATE, THIRUPPATHUR. 2.-DO- THRO THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI. 3. THE JUDICIAL MAGISTRATE NO.I, PUDUKKOTTAI. 4. -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI. 5 THE OFFICER IN CHARGE, SUB JAIL, THIRUPPATHUR. 6. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUPPATHUR. 7. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. M.DANIEL MANOHARAN Advocate SR.No.38930 SR : 10.11.2011 : 2P/9C ORDER IN CRL OP(MD) No.14514 of 2011 Date :10/11/2011 https://hcservices.ecourts.gov.in/hcservices/