Thirupathi v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.9497 of 2022 1.Thirupathi 2.Sooraj 3.Bharathkumar .. Petitioners Vs.

The State of rep. by The Inspector of Police, K-10 Koyambedu Police Station, Chennai.

(Crime No.127 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail, concerned in Crime No.127 of 2022, on the file of the respondent police. For Petitioners : Mr.N.Sridhar For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor ********

ORDER

The petitioners, who were arrested for the offences punishable under Sections 3(2)(a), 4(1), 5(1)(a) of I.T.P. Act altered as Sections 3(2a), 4(1), 5(1)(a), 5(d), 6 of Immoral Traffic Prevention Act and 370 of IPC, in Crime No.127 of 2022, on the file of the respondent police, seek bail.

2.The petitioners were found in the brothel house when raid was conducted by the respondent police. Five victim girls were rescued from the brothel house run by the first accused. These petitioners who were arrested on 09.04.2022, seek bail.

3.Considering the period of incarceration and the stage of investigation, this Court is inclined to grant bail to these petitioners. Accordingly, the petitioners are ordered to be released on bail subject to the following conditions;

(a) Each of the petitioners shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned IV Metropolitan Magistrate, Saidapet, Chennai-15;

(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 petitioners are directed to report before the Investigating Officer daily at 10.30 a.m., until further orders; (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 Judicial 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];

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

-sd/- 27/04/2022 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 IV METROPOLITAN MAGISTRATE SAIDAPET,CHENNAI-15.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE K-10 KOYAMBEDU POLICE STATION, CHENNAI.

4 THE OFFICER INCHARGE, SUB JAIL, SAIDAPET, CHENNAI-15 5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.N.SRIDHAR Advocate on payment of necessary charges SR.No.6356 CRL OP.9497/2022 Date :27/04/2022 CSK 27/04/2022