Ezhumalai v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eighteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.11637 of 2022 1 EZHUMALAI [ PETITIONERS / ACCUSED ] 2 RAVI @ RAVICHANDIRAN Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, GINGEE POLICE STATION, VILLUPURAM DISTRICT.

CR.NO.161/2022.

For Petitioner : M/S.R.SASIKUMAR Advocate For Respondent : MR.A.DAMODARAN, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 3(1), 3 (2)(a), 3(2)(b), 4(2)(a), 5(1)(b) of Immoral Traffic (Prevention) Act, 1956, in Crime No.161 of 2022, seek anticipatory bail.

2. Totally there are five accused and the petitioners herein are A2 and A3 and they are the Manager and Owner respectively of the RKG Lodge, Gandhi Bazar, Gingee. The case of the prosecution is that the petitioners along with other accused were found to be involved in immoral trafficking activities in the above said Lodge. Hence, the complaint.

3.The learned counsel for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution and only on the statement made by the first accused, they have been implicated in this case. He would also submit that the first and second petitioners are the Manager and Owner respectively of the said Lodge and that already, A1 and A4 were arrested and have been released on bail. Hence, he prays for grant of anticipatory bail to the petitioners.

4.The learned Additional Public Prosecutor would submit that two previous cases are pending against the petitioners and he vehemently opposed to grant anticipatory bail to the petitioners.

5.Considering the above facts and circumstances, this court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Gingee, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties, who shall be the blood relatives of the petitioners, 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioners and 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 stay at Dharmapuri and report before the Dharmapuri Town Police Station daily at 10.30 a.m. for a period of four weeks and thereafter, report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners 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 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/- 18/05/2022 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, GINGEE.

2 THE CHIEF JUDICIAL MAGISTRATE, VILLUPURAM DISTRICT. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, GINGEE POLICE STATION, VILLUPURAM DISTRICT.

5 THE OFFICER INCHARGE, DHARMAPURI TOWN POLICE STATION, DHARMAPURI.

+1 CC to M/S.R.SASIKUMAR Advocate on payment of necessary charges SR.7165 CRL OP.11637/2022 Date :18/05/2022 SRG 19/05/2022