THANIEL VICTOR Vs. STATE

JUDGEMENT

(1.) The Petitioner is the sole accused in Crime No.519 of 1988 on the file of the Courtallam Police Station, Tirunelveli-Kattabomman District, registered for an offence under S.376, I.P.C.

(2.) The prosecution case is that on 10-4-1988 at or about 8 p.m. when the first informant Prema went to the Petitioner's house to purchase beedi leaves, the latter raped her in his house, and while promising to marry her advised her not to disclose the alleged occurrence to anyone else. However, Prema is said to have disclosed this incident to her mother, two months later, leading to the launching of the F.I.R. on 30-12-1988 at or about 12.00 Noon, after eight months.

(3.) The Petitioner filed Crl. M.P. No. 191 of 1989 on the file of the Principal Sessions Judge, Tirunelveli, under S. 438 Cr. P.C., Praying for release on bail in the event of arrest in respect of Crime No. 519 of 1988. The plea made by the petitioner was acceded to and the petitioner was directed to be released on bail in the event oft his arrest. In pursuance of the said order, the petitioner appeared before the Judicial Magistrate, Tenkasi and executed his personal bond, apart thorn producing sureties, as directed by the Principal Sessions Judge, Tirunelveli.