Venkatesh v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 03.02.2021 CORAM :
THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.1192 of 2021 Venkatesh ... Petitioner Vs.
The State Rep. by The Inspector of Police, Anti Vice Squad-1, Chennai.
(Crime No.2 of 2021 ) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.2 of 2021 pending investigation on the file of the Respondent. For Petitioner : Mr. J. William Shakesphere For Respondent : Mr.M. Prabavathi, APP
O R D E R
(The case has been heard through video conference) Petitioner, who was arrested and remanded to judicial custody on 10.01.2021 for the offence punishable under Sections 3(2)a, 4(1), 5(1)a, 5(1)(d) of ITP Act and 370(A)(2) of IPC in Crime No.2 of 2021, seeks bail.
2. Totally there are four accused and the petitioner is A4. The case of the prosecution is that A1, who is the owner of the Physiotherapy Centre, along with other accused said to have indulged in prostitution in his physiotherapy center. Hence, a case has been registered against the petitioner.
3. The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. He would further submit that A3 in this case was already granted bail. Hence, he seeks bail to the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that the accused indulged in prostitution under the guise of running physiotherapy centre. She would further submit that co-accused in this case was already granted bail. However, she opposed to grant bail to the petitioner.
5. Considering the said facts and circumstances of the case and co-accused in this case has already been released on bail and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:
(a) Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 Metropolitan Magistrate No.IV Metropolitan Magistrate, Saidapet, Chennai, and on further conditions that:
(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (c) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.
(d) the petitioner shall not commit any offences of similar nature;
(e) the petitioner shall not abscond either during investigation or trial;
(f) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(g) on breach of any of the aforesaid conditions, the learned Judicial 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];
(h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
6. With the above directions, this Criminal Original Petition is ordered.
-sd/- 03/02/2021 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 IV METROPOLITAN MAGISTRATE SAIDAPET, CHENNAI 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CENNAI(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 INSPECTOR OF POLICE, ANTI VICE SQUAD -1, CHENNAI.
5 THE OFFICER INCHARGE, SUB JAIL, SAIDAPET, CHENNAI CC to M/S.J.WILLIAM SHAKESPHERE Advocate on payment of necessary charges Sr.1083 CRL OP.1192/2021 Date :03/02/2021 RVR 04/02/2021