Mohd Mazar v. State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.5056 OF 2022 ORDER:

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking to enlarge the petitioners/accused Nos.3 and 4 on bail in connection with Crime No.523 of 2022, on the file of Kushaiguda Police Station, Malkajgiri Division, Rachakonda, registered for the offences punishable under Section 370 (A)(2) of I.P.C., and Sections 3, 4 and 5 of Prevention of Immoral Trafficking Act, 1956 (for short "PIT Act").

2.

Heard learned counsel for petitioners/accused Nos.3 and 4 and learned Assistant Public Prosecutor for the respondentState. Perused the record. 3.

The case of the prosecution is that on 28-05-2022 on receiving information about the running of brothel business under the guise of spa and saloon, the Police, Kushaiguda entered the said premises and found that in five different rooms, customers were present, who are accused Nos.5 to 9 and in another room one lady was waiting for customers.

Accused Nos.1 and 2 absconded from the said premises and these petitioners along with customers, who are accused Nos.3 to 9 were arrested.

4.

The allegation against these petitioners is that they were assisting accused Nos.1 and 2 in running the said premises. However, there are no allegations of procuring any woman for the purpose of prostitution.

5.

In the said circumstances, when it is specifically averred that these petitioners were only assisting in running the premises and since these petitioners are in jail since 29.05.2022 and no other criminal cases are pending against these petitioners, the petitioners/accused Nos.3 and 4 can be granted bail.

6.

The petitioner No.1/accused No.3 was released on interim bail vide this Court's order dated 17.06.2022 in Criminal Petition No.5156 of 2022. Hence, the petitioner No.1/accused No.3 shall continue to be on bail and petitioner No.2/accused No.4 shall be released on bail on the following conditions:

i) The petitioners/Accused Nos.3 and 4 are directed to be released on bail on their executing personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties for like sum each, to the satisfaction of the XIX Additional Metropolitan Magistrate, Cyberabad at Malkajgiri. ii) The petitioners/Accused Nos.3 and 4 shall appear before the concerned Police on every Monday between 10.00 A.M. and 05.00 P.M, for a period of three months or until filing of charge sheet, whichever is earlier.

iii) The petitioners/accused Nos.3 and 4 shall comply with the conditions as laid down under Section 437 (3) of Cr.P.C.

Accordingly, the Criminal Petition is allowed. Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

_________________ K.SURENDER, J Date: 23.06.2022 svl