G.Sathishkumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eleventh day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice V. SIVAGNANAM CRIMINAL ORIGINAL PETITION No.11132 of 2022 G.SATHISHKUMAR [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, G3, KILPAUK POLICE STATION,(LAW AND ORDER), KILPAUK, CHENNAI - 600 010.

(CR. NO. 118/2022) For Petitioner : M/S. K.RAJENDIRAN Advocate For Respondent : MR.S.UDAYAKUMAR, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offences under sections 3(2)a, 4(1), 5(1)a, 6(1), 7(1)a Immoral Traffic (Prevention) Act -1956 in Crime No.118 of 2022, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioner was involved in immoral trafficking activities. Hence, the respondent police registered a case against the petitioner.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and he had not committed any such offences as alleged by the prosecution. He further submitted that he had been falsely implicated in this case. Hence, he pleads for anticipatory bail.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that investigation almost completed.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner.

6. 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 of receipt of a copy of this order, before the Learned Metropolitan Magistrate Court-II at Egmore, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (a) the petitioner shall affix their photograph and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(c)the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation;

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

-sd/- 11/05/2022 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-II EGMORE, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, G3, KILPAUK POLICE STATION,(LAW AND ORDER), KILPAUK, CHENNAI - 600 010.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S. K.RAJENDIRAN Advocate on payment of necessary charges SR.No.6923 CRL OP.11132/2022 Date :11/05/2022 CSK 16/05/2022