Elangovan v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 13.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Elangovan ... Petitioner / Accused

Versus

State Rep. by The Inspector of Police, Namakkal Police Station, Namakkal (Crime No.45 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., praying to enlarge the petitioner on bail pending investigation in Crime No.45 of 2025 on the file of the respondent Police. For Petitioner : Mr. T.Dhasarathan For Respondent : Mr. A. Gopinath, Government Advocate (Crl. Side).

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O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 21.01.2025, seeking bail in Crime No.45 of 2025 registered for the offence under Sections 3(1), 4(1), 5(1)(d) of Immoral Traffic (Prevention) Act 1956.

2. The case of the prosecution is that the petitioner who is said to be the Manager of the massage centre viz., ESHVA wellness spa was involved in immoral traffic activities in the said place. Hence, the case.

3. Learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is in custody from 21.01.2025 and since further custody is not required, the petitioner may be released on bail.

4. Learned Government Advocate (Crl.Side) reiterated the case of the prosecution and further submitted that the petitioner has no previous 2/7

case.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

6. Considering, the period of incarceration; and since further custody is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the Additional Mahila Court, Namakkal.

[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 3/7

respondent Police everyday at 10.30 a.m., until further orders;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with 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. 13.02.2025 ay 4/7

To 1.The Public Prosecutor, High Court of Madras, Chennai.

2.The Inspector of Police, Namakkal Police Station, Namakkal 3.The Presiding Officer, Additional Mahila Court, Namakkal 4.The Superintendent Central Prison, Salem.

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SUNDER MOHAN. J, ay 13.02.2025 6/7

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