ARASAPPAN ALIAS SHANKAR Vs. STATE

JUDGEMENT

(1.) The petitioners, who are accused in a case registered for the offence punishable under Sections 450 and 376 (2) (g) of the Indian Penal Code, based on a complaint given by one Rohia Beebi, wife of one Arockiadoss, are seeking bail in this Court under Section 439 of the Code of Criminal Procedure.

(2.) The petitioners 1 to 3 were remanded to judicial custody on 9-8-97 and the fourth petitioner was remanded on 12-8-1997. They filed an application for bail before the Sessions Court at Pondicherry and the same was dismissed on 22-8-1997. Again, they moved another application seeking for the same relief before the same Court, which was also dismissed on 18-9-1997. Hence, the present petition before this Court has been filed on 15-10-1997. The case was heard on several dates. In view of the peculiar circumstances of the case, notice was issued to the Women Lawyer's Association to render assistance to this Court, Ms. K. Shanthakumari, representing the said Association appeared before the Court, on receipt of notice and submitted on various aspects with reference to the investigation and trial and the concept of bail in a case of gang rape.

(3.) Mr. Palanikumar, learned Counsel appearing for the petitioners and Mr. Natarajan, learned Additional Public Prosecutor (Pondicherry), representing the State of Pondicherry, would on their respective sides put forth the submissions by citing various authorities. Before considering the question whether the relief sought for could be granted or not, let me at the out set summarize the brief facts of the case which are relevant for the disposal of this bail petition.