Thirupathi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2023

CORAM

THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN Thirupathi

...Petitioner

Vs.

The State Represented by, The Inspector of Police, HUDCO P.S, Hosur, Krishnagiri District.

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. to enlarge the petitioner on bail in the Crime No.178 of 2023 on the file of the HUDCO P.S, Hosur, Krishnagiri District. For Petitioner : Mr.G.Babu For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.side) 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 06.06.2023 for the offences punishable under Sections 3(1), 5(1)(a) of ITP Act, 1956 in Crime No.178 of 2023 on the file of the respondent police, seeks bail.

2. The learned counsel for the petitioner submitted that, petitioner is an accused in Crime No.178 of 2023 for the offences under Sections 3(1), 5(1)(a) of ITP Act, 1956. He is innocent and he is in judicial custody from 06.06.2023. Thus, he prays for grant of bail.

3. In reply, the learned Government Advocate (Crl. Side) oppose this petition, on the ground that, petitioner along with other accused involved some women in prostitution. The investigation in this case is not completed. Therefore, he prays for dismissal of this bail petition.

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4. Considering the nature of the offence and facts of the case alleging that petitioner acted as broker in prostitution business and that material part of the investigation might have been over by this time, this Court is inclined to grant bail to the petitioner.

5. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate II, Hosur, Krishnagiri District 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 daily at 10.30.a.m., until further orders.

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

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[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 absconds, a fresh FIR can be registered under Section 229A IPC.

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To 1.The Judicial Magistrate II, Hosur, Krishnagiri District 2.The Sub-Jail, Hosur.

3.The Inspector of Police, HUDCO P.S, Hosur, Krishnagiri District.

4.The Public Prosecutor, High Court of Madras 5/6

G.CHANDRASEKHARAN. J.

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