Gopikrishnan v. The State Rep

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2023

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Gopikrishnan ... Petitioner Vs.

The State represented by, The Inspector of Police, Thirukoilur Police Station, Kallakurichi District.

(Crime No.318 of 2023).

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail, in connection with the Crime No.318 of 2023, pending investigation on the file of the respondent Police. For Petitioner : Mr.A.Balamurugan For Respondent : Mr.C.E.Pratap Government Advocate (crl.side) 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 20.05.2023 for the offences punishable under Sections 3(1), 4(1), 5(1)(a) and 6(1)(a) of the Immoral Traffic (Prevention) Act, 1956 in Crime No.318 of 2023, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 20.05.2023, on receipt of a secret information, the respondent Police has conducted a search, wherein, they found that the accused had made the victims to indulge in prostitution. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is only a customer, who was found inside the brothel. He further submitted that this Hon'ble High Court as well as the several other High Courts have held that the offence cannot be made out as against the customers. He also submitted that the petitioner is in custody from 20.05.2023. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (crl.side) appearing for the 2/6

respondent police on verification submitted that the petitioner was only a customer, who was found inside the premises.

5. Heard the learned Counsel for the petitioner and the learned Government Advocate (crl.side) and perused the materials available on record.

6.Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel on either side and that the the petitioner was only a customer, this Court is inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a 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 learned Judicial Magistrate, Thirukovillur, and on further conditions that: [a] the sureties shall affix their photographs and 3/6

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, as and when required for interrogation;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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 abscond, a fresh FIR can be registered under Section 229A IPC.

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To

1. The Judicial Magistrate Thirukovillur.

2. The Inspector of Police, Thirukoilur Police Station, Kallakurichi District.

3. The Central Prison, Vellore.

4. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA.,J.

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