Sankar v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.09.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.16971 of 2021
1. Sankar
2. Suresh ... Petitioners Vs.
State, Rep by ... Respondent The Inspector of Police, Fairlands Police Station, Salem District.
(Crime No.299 of 2021) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioners on bail pending investigation in Crime No.299 of 2021 on the file of the respondent police.
For Petitioners : Mr. T. Ganesan For Respondent : Mr. A. Gopinath Government Advocate (Crl side)
ORDER
The petitioners, who were arrested on 19.08.2021 and remanded to judicial custody for the offences under Sections 3(2)(a), 4(2)(c), 5(1)(a),7(1)(b) of Immoral Traffic (Prevention) Act 1956 and Section 506(1) of I.P.C , in Cr.No.299 of 2021, on the file of the respondent police, seek bail.
2. Totally there are four accused in this case and the petitioner herein arrayed as A3 and A4. It is alleged that the petitioners along with accused involved in the offence of prostitution and induced the defacto complainant to involve in the said offence and thereby demanded a sum of Rs.2,000/- from him. . Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are no way connected with the alleged offence and further that they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case and he is in judicial custody from 19.08.2021. Hence prays for grant of bail.
4. The learned Government Advocate (Crl.Side) submitted that there is no previous case pending against the petitioners. However, he vehemently opposed for grant of bail to the petitioners.
5. Considering the period of incarceration suffered by the petitioners and there is no previous case pending against them, this Court is inclined to grant bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two local sureties, each for a like sum to the satisfaction of the learned Additional Mahila Court, Salem and on further condition 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., until further orders.
(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioners 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 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC -sd/- 16/09/2021 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 ADDITIONAL MAHILA COURT, SALEM 2 THE INSPECTOR OF POLICE, FAIRLANDS POLICE STATION, SALEM DISTRICT.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.
CC to M/S. T.GANESAN Advocate on payment of necessary charges CRL OP.16971/2021 Date :16/09/2021 INBA 17/09/2021