Selvam v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2021

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRL.O.P.No.12287 of 2021 1.Selvam 2.Dhanusu

...Petitioners

Versus

State Rep. by The Inspector of Police, Rdichavadi Police Station, Cuddalore District.

(Cr.No.101 of 2021)

...Respondent

PRAYER: Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioners on anticipatory bail in the event of arrest by the respondent Police in Crime No.101 of 2021 on the file of the respondent Police. For Petitioners : Mr.R.Jayaprathap For Respondent : Mr.A.Gopinath Government Advocate (Crl. side)

ORDER

The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offence under Section 3(2)(a), 3(2) (b), 4(1), 5(1)(a), 5(1)(d), 6(1)(a), 7(1)(a) of Immoral Traffic (Prevention) Act, 1956 and under Section 420, 465, 468, 471 IPC r/w 14 of Foreigners Act in Cr.No.101 of 2021 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that when the respondent Police were in vehicle check-up, A1 and others were arrested on suspicion. Based on their confession, the present petitioners were implicated in this case. The allegation against the petitioners herein is that they took house for rent to A1 for doing the immoral traffic offence, while he came India from Bangladesh without any valid passport and hence, the Law Enforcing Agency registered a case against the petitioners.

3.The learned counsel appearing for the petitioners submits that the petitioners have not committed any offence as alleged by the prosecution and they are falsely implicated in this case. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.Side) submits that there are three previous cases pending against the petitioners and earlier, the same petitioners in another Crime Number were enlarged on anticipatory bail.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners. 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 of receipt of a copy of this order, before the learned Additional Mahila Court, Cuddalore, on condition that the petitioners shall execute a 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 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 petitioners and the sureties shall affix their photographs 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 petitioners shall report before the respondent police daily at 10.30 a.m. until further orders;

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

This Criminal Original Petition is ordered accordingly. -sd/- 16/07/2021 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 ADDITIONAL MAHILA COURT, CUDDALORE.

2 THE INSPECTOR OF POLICE, RDICHAVADI POLICE STATION, CUDDALORE DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. R.JAYAPRATHAP Advocate on payment of necessary charges CRL OP.12287/2021 Date :16/07/2021 INBA 26/07/2021