Rathinaveni v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.01.2022
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.1416 of 2022 Rathinaveni ... Petitioner Vs.
State Rep. by The Inspector of Police, Hosur Town Police Station, Krishnagiri District.
... Respondent (Crime No.685 of 2021) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to grant bail for the petitioner herein in Crime No.684 of 2021 on the file of the respondent. For Petitioner : Mr.M.Jayachandran For Respondent : Mr.A.GokulaKrishnan Additional Public Prosecutor
ORDER
The petitioner who was arrested and remanded to judicial custody on 19.12.2021 for the offences under Sections 3 (2) (a), 4(1), 5(1) (a) of Immoral Traffic Act in Crime No.685 of 2021, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on the date of occurrence, when the respondent police was on regular patrol, they found that the petitioner doing immoral trafficking activities in his beauty parlour. Hence, the complaint.
3. The learned counsel for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the said Beauty Parlour was closed and he has been suffering incarceration for more than 30 days from 19.12.2021. He would pray for grant of bail to the petitioner. 4.The learned Additional Public Prosecutor raised objection stating that the the petitioner was doing the immoral trafficking activities in his Beauty Parlour and he further submitted that the investigation almost completed.
5. Considering the fact and circumstances of the case and also the fact that the investigation is completed and also considering the period of incarceration undergone by the petitioner and the alleged Beauty Parlour was closed, this Court is inclined to grant bail to the petitioner with certain conditions. (a) the petitioner is ordered to be released on bail on executing his own bond for a sum of Rs.10,000/- (Rupees ten thousand only), before the Superintendent of the concerned prison, in which the Petitioner has been confined and thereafter on his release; (b) the petitioner shall execute two sureties for a sum of Rs.
10,000/- (Rupees Ten Thousand only), before the learned Judicial Magistrate-II, Hosur District within 15 days from the date of commencement of the Court's normal functioning, failing which the bail granted by this Court shall stand dismissed automatically; (c)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (d) the petitioner shall report before the respondent police on every Tuesday at 10.30 a.m.
(g)the petitioner shall not abscond either during investigation or trial;
(h)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (i)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 24/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE JUDICIAL MAGISTRATE, NO.II,HOSUR DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, HOSUR TOWN POLICE STATION, KRISHNAGIRI DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE SUPERINTENDENT, WOMEN PRISON, SALEM CC to M/S.M.JAYACHANDRAN Advocate on payment of necessary charges CRL OP.1416/2022 Date :24/01/2022 RVR 25/01/2022