Shyla v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.04.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Crl.O.P.No.6742 of 2024 1.Shyla 2.Ajmal 3.Rahul ... Petitioners Vs.

State represented by The Inspector of Police, Anaimalai Police Station, Pollachi, Coimbatore.

(Crime No.78 of 2024) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioners on bail in Crime No.78 of 2024 on the file of the respondent.

For Petitioners : Mr. N. Edwin Jeyakumar For Respondent : Mr.V.J.Priyadarsana Government Advocate (Crl. Side)

ORDER

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The petitioners, who were arrested and remanded to judicial on 04.02.2024, registered for the offences under Sections 4(2)(b), 3(2)(c), 6(1)(b) of Immoral Traffic and Prevention Act in Crime No.78 of 2024 on the file of the respondent Police, seek bail.

2. It is stated that A1 is the owner of the Ayurvedic Hospital and A2 is the Manager and A3 is an employee in the said hospital. The name Ayurvedic centre is used to hide the fact that the particular place was used for prostitution. Two women were rescued from that particular place by the respondent.

3.The earlier application seeking bail was dismissed on 27.02.2024 in Crl.O.P.No.4660 of 2024. The one significant change in circumstance is the progress in investigation.

4.Taking all these factors into consideration and also considering the period of incarceration suffered by the petitioner, I am inclined to grant bail to the petitioners subject to the following conditions: 2/4

5.Accordingly, the petitioners are ordered to be released on bail on condition to execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Pollachi 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 petitioners shall report before the respondent police everyday at 10:30 a.m., until further orders. [c] the petitioners shall not abscond either during investigation or trial.

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].

C.V.KARTHIKEYAN, J.

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smv [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

02.04.2024 smv To 1.The Judicial Magistrate No.I, Pollachi.

2.The Inspector of Police, Anaimalai Police Station, Pollachi, Coimbatore.

3.The Central Prison, Coimbatore (Women Prison), Coimbatore District. 4.The Sub Jail, Pollachi, Coimbatore District.

5. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.6742 of 2024 4/4