Navya v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Tenth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.13807 of 2021 NAVYA [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] INSPECTOR OF POLICE, UKKADAM POLICE STATION, COIMBATORE CITY.
CRIME NO.160/2021.
For Petitioner : M/S. R.SREERANGAN Advocate For Respondent : Mr.C.E.Pratap Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 4(2)(c) and 5(1)(c) of Immoral Traffic ( Prevention) Act,1956 in Crime No. 160 of 2021, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the the petitioner along with other accused under the pretext of running the Saloon they permit some unknown person for prostitution. Hence the law enforcing registered a case against the petitioner.
3.The learned counsel appearing for the petitioner submit that the petitioner had not been committed any offence as alleged by the prosecution. He further submit that she is running the Spa after obtaining proper permission from the concerned authorities. Hence, the learned counsel prays to grant anticipatory bail to the petitioner.
4.The learned Government Advocate (Crl.Side) submits that the petitioner along with other accused under the pretext of running the Saloon they permit some unknown person for prostitution. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.
5.Considering the facts 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 their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate V, Coimbatore on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten 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 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 petitioner shall 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 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 10/08/2021 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 JUDICIAL MAGISTRATE, NO.V, COIMBATORE 2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE(FOR INFORMATION) 3 INSPECTOR OF POLICE, UKKADAM POLICE STATION, COIMBATORE CITY.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S. R.SREERANGAN Advocate on payment of necessary charges Sr.8385 CRL OP.13807/2021 Date :10/08/2021 RVR 23/08/2021