Jothi v. The State Rep By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-02-2026
CORAM
THE HON'BLE MR.JUSTICE K.RAJASEKAR Jothi W/o. Mani, No.136, Chandrapuram East, Dharapuream Main Road, Tiruppur.
..Petitioner(s) Vs The State rep by The Inspector of Police, Nallur Police Station, Tiruppur.
Crime No. 5 of 2026.
..Respondent(s) Prayer Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in Crime No.5 of 2026 on the file of the respondent police. For Petitioner(s):
P.Thinesh
G.D.Pon Prabhakaran T.Babitha N.Suresh Babu P.Anbarasu For Respondent(s):
Mr.A. Gopinath, Govt Advocate
ORDER
The petitioner, who was arrested and remanded to judicial custody on 03.01.2026 for the alleged offence punishable under Sections 3(1), 3(2)(a), 4(2) (c) and 5(1) (d) of ITP Act in Crime No.5 of 2026, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner along with other accused is running a brothel house and compelled the victim to indulge in prostitution. Hence the case .
3. The learned counsel appearing for the petitioner submitted that the petitioner is a innocent person and he has been falsely implicated in this case He further submitted that he is in judicial custody since 03.01.2026 and ready to co-operate with the investigation. Hence, he prayed to grant bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and submitted that the victim has been rescued and the petitioner and there are two previous cases pending against the petitioner. However, he opposed to grant bail to the petitioner.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the submissions of the learned counsel on either side, the fact that petitioner is in judicial custody from 03.01.2026 and considering the fact that even though there are two previous cases pending against the petitioner, the victim has been rescued, this Court is inclined to grant bail to the petitioner on certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate No.4 , Tiruppur and on further conditions that:- [a] 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;
[b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation. [c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] 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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
05-02-2026 Index: Yes/No Speaking/Non-speaking order SMN N ote :
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies.
To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.
To 1.The Judicial Magistrate No.4 , Tiruppur 2.The Inspector of Police, Nallur Police Station,Tiruppur.
3.The Superintendent, Central Prison, Coimbatore 4.The Public Prosecutor, High Court, Madras.
K.RAJASEKAR, J.
smn 05-02-2026