G.Nithyan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.03.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.7205 of 2022 G.Nithyan ... Petitioner Vs.

The State rep. by The Inspector of Police, J-7, Velachery Police Station, Velachery, Chennai-600 042.

(Crime No.165 of 2022) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.165 of 2022, on the file of the respondent police. For Petitioner : Mr.K.Baskar.

For Respondent : Ms.G.V.Kasthuri Additional Public Prosecutor ********

ORDER

The petitioner, who was arrested on 15.03.2022 for the offences punishable under Sections 3(2)(a), 4(1), 5(1)(a), 6(1)(a) of ITP Act and Section 370 A(2) of I.P.C in Crime No.165 of 2022, on the file of the respondent police, seeks bail.

2. The petitioner herein was arrested on 15.03.2022, while he was in the massage parlor as a customer, based on information, a raiding team visited the saloon run by the first accused and found three victim girls used for flesh trade.

3.According to the petitioner, he went to the massage parlor for physical ailment and he has not indulged in any offence under the ITP Act. He was arrested on 15.03.2022. The police is searching the owner of the building and the person, who is running the massage parlour.

4.Considering the above fact, this court is of the view that the petitioner may be granted bail subject to certain conditions. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions;

(a) the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned IV Metropolitan Magistrate, Saidapet, Chennai. (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 is directed to report before the Investigating Officer as and when required.

(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 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]; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 29/03/2022 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 METROPOLITAN MAGISTRATE, NO.IV, SAIDAPET, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, J-7 VELACHERY POLICE STATION, CHENNAI 600042 4 THE OFFICER INCHARGE SUB-JAIL, SAIDAPET 5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S K.BASKER Advocate on payment of necessary charges SR.NO.4665 CRL OP.7205/2022 Date :29/03/2022 JPA 29/03/2022