Rahul Shinde v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.07.2022
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Rahul Shinde ..Petitioner Vs.
The State Rep by its Inspector of Police, R8- Vadapalani Police Station, Chennai.
(Cr.No.167/2022) ..Respondent PRAYER:
Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.167/2022 pending investigation on the file of the respondent police. For Petitioner : Mr.S.Silambuselvan For Respondent : Mr.A.Damodaran, Additional Public Prosecutor
ORDER
The petitioner, who was arrested and remanded to judicial custody on 08.06.2022 for the offence under Section 3(2)a, 4(1) and 1/5
5(1)a of Immoral Prevention Act 1956 in crime No.167 of 2022 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that when the respondent police was on regular patrol, the petitioner herein approached the respondent police and informed him that he is doing immoral trafficking by taking a house. Thereafter on visit by respondent police, the petitioner in this case was arrested and remanded to judicial custody.
3. The learned counsel appearing for the petitioner would submit that a false case has been foisted against the petitioner. He would also submit that the petitioner was arrested and remanded to judicial custody on 08.06.2022. Hence, he prays for grant of bail to the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent submitted that petitioner herein along with the other accused persons had involved in immoral trafficking. Hence, he vehemently opposed to grant bail to the petitioner.
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5. Considering the above facts and circumstances of the case, and also the period of incarceration of the petitioner from the date of his arrest i.e. 08.06.2022, this Court is inclined to grant bail to the petitioner. 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 IV Metropolitan Magistrate Court, Saidapet at Chennai 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 twice daily at 10.30 a.m. and 5.30 p.m., until further orders. [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 3/5
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.
18.07.2022 mpl 4/5
G.K.ILANTHIRAIYAN, J.
mpl To 1.The IV Metropolitan Magistrate Court, Saidapet at Chennai.
2.The Inspector of Police, R8- Vadapalani Police Station, Chennai.
3.Central Prison, Puzhal.
4.The Public Prosecutor, High Court of Madras Crl.O.P.No.16692 of 2022 18.07.2022 5/5