Suthir Kumar v. The State, Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 08.04.2022 Pronounced on : 12.04.2022 Coram::

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Criminal Original Petition No.7421 of 2022 Mr.Suthir Kumar, S/o.Jayavel, No.10/318,Vazha Thottam, Valparai, Coimbatore - 642 127 ... Petitioners/Accused No.6 /versus/ The State, Represented by Inspector of Police, Saravanampatti Police Station, Coimbatore. (in Crime No.1362 of 2021) ... Respondent/Complainant Prayer: This Criminal Original Petition is filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in Crime No.1362 of 2021 on the file of the respondent police and pass orders. For Petitioner : Mr.A.Parthasarathy For Respondent : Mrs.G.V.Kasthuri, Additional Public Prosecutor (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to Judicial Custody on 21.01.2022 for the offences punishable under sections 342, 365, 392 and 397 of I.P.C., in Crime No.1362 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that, on 11/12/2021, two persons by name Sivakumar and Raja checked-in Room No.203 in the Service Apartment by name Athithi Inn Service Apartment. Next day, they brought two women and sought room. The Manager of the service apartment gave Room No.204 to those two women and they were staying in that room. On 13/12/2021, two strangers came and met Sivakumar. Since outsiders are not allowed to meet the inmates, the Manager told Sivakumar to vacate the apartment. Sivakumar promised to vacate the rooms next day and left. While so, on 15/12/2021, 6 persons came to the service apartment and enquired about Sivakumar. When the Manager and the defacto complainant informed Sivakumar has gone out and refused to show the room he was staying, those 6 persons attacked the Manager and the defacto complainant with aruval and caused lacerated

injuries on their heads. When the housekeeper Selvam came to rescue them, he was attacked on the shoulder. All the three injured under threat were forcible locked in a room and thereafter, the gang looted valuables like INR 18,000/-. USD 630/-, Hard Drive, CCTV Box, DVR/Wifi Router, R.C. Book, Driving License, Aadhar card, PAN card, Voter ID and cell phones of the innkeeper. The two women, who were staying in the room were abducted and the gang took them forcible.

3. The investigation has disclosed that, the gang under the leadership of Madan @ Shafi and Palladam Madan used to target pimps and attack them to extort money. Fearing exposure to police those targeted victims used to keep silent. On 11/01/2022, the said Madan @ Shafi, who was having some feud with another pimp by name Sikandar Basha had organised this crime along with Palladam Madan to target Sivakumar and Raja, both involved in flesh trade.

4. On the instruction of Palladam Madan, six persons went to the defacto complainant's Service Apartment and attacked three persons. They looted cash, cell phone and other valuables. That apart, they also abducted two women. The respondent police arrested two accused on 12/01/2022 in connection with a NDPS case and found their involvement in this crime also. So, they were formally arrested in this case. This petitioner and two others were arrested on 20/01/2022. Two other accused yet to be secured. Particularly, Madan @ Shafi and Palladam Madan, who masterminded the crime are yet to be secured. That apart, the two women, who were forcible taken from the Service Apartment yet to be rescued. Whether they are alive or not, whether they are forced into flesh trade are to be ascertained. In the said circumstances, the petitioner herein has moved this bail petition.

5. Considering the fact that, only few properties looted were recovered from the accused persons or on their information. Further, the fate of the two women abducted yet not known. Two accused, who are absconding are suspected to be in custody of those two women who were forcible taken away by the gang members. This petitioner is part of the gang. The identification parade is yet to be conducted. The prostitution ring busted partially and the remaining accused persons involved in the crime are at large.

6. In the said circumstances, this Court is of the view that, unless the missing ladies are traced and the main accused arrested, the petitioner who has been implicated by the other accused persons if granted bail will tamper evidence or fled and join his associates, who are at large.

7. For the above said reasons, this Criminal Original Petition is dismissed.

-sd/- 12/04/2022 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 SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

2 THE INSPECTOR OF POLICE, SARAVANAMPATTI POLICE STATION, COIMBATORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE SECTION OFFICER, E.R. SECTION, HIGH COURT, MADRAS.

CC to M/S.A.PARTHASARATHY Advocate on payment of necessary charges CRL OP.7421/2022 Date :12/04/2022 RW 13/04/2022