J.Jose Roy v. Inspector Of Police

C.V.KARTHIKEYAN, J.

The petitioner/first accused who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 3(2)(a), 4(1), 5(1)(a), 6(1)(a) and 7(1)(a) of Immoral Traffic (Prevention) Act 1956, in Crime No.19 of 2023, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner/A-1 and other accused person were involved in the immoral activities. Hence, the case.

3. The learned counsel for the petitioner would contend that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and a false case has been foisted against him. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) would submit that the petitioner and other accused person had involved in the immoral activities. He would also submit that four previous cases are pending against the petitioner which are similar in nature. It is also stated that at every time, he uses a different names like, Ranjith @ Ranjith Ragav @ Siva @ Sivakumar @ Pradeep Raj @ Jose Joy.

5. The earlier application seeks anticipatory bail was dismissed on 13.02.2024 in Crl.O.P.No. 2892 of 2024. It is stated subsequently, one of the co-accused had been arrested and granted bail. There has been also progress in investigtaion.

6. Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the IV Metropolitan Magistrate at Saidapet, Chennai, on condition that the petitioner shall 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioner and 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., until further order.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond 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 229A IPC.

21.03.2024 vsg

C.V.KARTHIKEYAN , J.

vsg 21.03.2024