Santhosh v. The State By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.05.2025

CORAM

THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR 1.Santhosh 2.Venkatesan . .. Petitioner(s) /A1&A2 Vs.

State represented by the Inspector of Police, Medavakkam Police Station ... Respondent(s)/ Complainant Crime No.202 of 2025 Prayer: Criminal Original Petition filed under Section 483 of BNSS 2023, to enlarge the petitioners on bail in connection with Crime No.202 of 2025 on the file of the respondent police.

For petitioner(s) : Mr.MA.Gouthaman For Respondent(s) : Mr.V.J.Priyadarsana Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioners, who were arrested and remanded to judicial custody on 29.03.2025, seeking bail in Crime No.202 of 2025 registered for the offences under Sections 3(2)(a), 4(1) and 5(1)(a) of Immoral Trafficking Act.

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2. The case of the prosecution is that the petitioners, under the guise of running a spa and saloon, has allegedly indulged in immoral trafficking. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that the petitioners are in custody from 29.03.2025, and that in any case, further custody of the petitioners are not required and prayed for grant of bail to the petitioners.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing the grant of bail to the petitioners, reiterated the prosecution case.

5. Heard learned counsel on either side and perused the materials available on record.

6. Considering the nature of allegation, period of incarceration, and Page No.2 of 6

since further custody of the petitioners are not required for the purpose of investigation, this Court is inclined to grant bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail on executing 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 Judicial Magistrate No.II, Alandur, 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 petitioners 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 abscond either during investigation or trial; [d] the petitioners shall not tamper with evidence or witness either during investigation or trial;

[e] On breach of any of the aforesaid conditions, the learned Page No.3 of 6

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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

22.05.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No Anu Note:

1. Registry is directed to forthwith upload this order in the official website of this Court.

2. All concerned to act on this order being uploaded in official website of this court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this court will be watermarked and will also have a QR code.

To

1. Judicial Magistrate No.II, Alandur

2. The Superintendent of Prison, Page No.4 of 6

Central Prison, Puzhal, Chennai

3. Inspector of Police, Medavakkam Police Station

4. The Public Prosecutor, Madras High Court, Chennai.

N.SENTHILKUMAR, J.

Anu Page No.5 of 6

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