Mukaddir Hashim v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Nineteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice N. ANAND VENKATESH CRIMINAL ORIGINAL PETITION No.11764 of 2022 MUKADDIR HASHIM [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS [ RESPONDENT ] THE INSPECTOR OF POLICE J-7, VELACHERY POLICE STATION, CHENNAI DISTRICT.

CRIME NO.165 OF 2022.

For Petitioner : M/S.N.EDWIN JAYAKUMAR Advocate For Respondent : M/S. RAJ THILAK, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 15.03.2022, for the alleged offence under Sections 3(2)(a), 4(1), 5(1)(a) and 6(1)(a) of Immoral Traffic (Prevention) Act, 1956 in Crime No.165 of 2022, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was involved in Immoral Traffic in the guise of running a Massage Parlour. There are totally 4 accused persons and the petitioner has been arrayed as A2.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent.

4. Taking into consideration the facts and circumstances of this case and also the fact that the petitioner has already suffered incarceration for nearly 66 days and there are no previous cases against the petitioner and bail has already been granted in favour of A4, this Court is inclined to enlarge the petitioner on bail subject to the following conditions.

5. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.5,000/- (Rupees Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate -IV at Saidapet, 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 petitioner shall report before the respondent police on every Monday at 10.30 a.m., for a period of eight weeks and thereafter, as and when required for interrogation. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[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 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/- 19/05/2022 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 JUDICIAL MAGISTRATE, IV, SAIDAPET, CHENNAI 2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU(FOR INFORMATION)

3 THE INSPECTOR OF POLICE J-7, VELACHERY POLICE STATION, CHENNAI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI CC to M/S.N.EDWIN JAYAKUMAR Advocate on payment of necessary charges Sr.7538 CRL OP.11764/2022 Date :19/05/2022 RVR 19/05/2022