Komathy v. The State Rep, Station House Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-07-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR Komathy Petitioner(s) Vs The State Rep, Station House Officer, Thavalakuppam Police Station, Puducherry.

Cr.No.68/2025.

Respondent(s) PRAYER This Criminal Original Petition is filed under Section 483 of BNSS Act 2023 to enlarge the petitioner on bail in Cr.No.68/2025 on the file of the respondent police.

For Petitioner(s):

Mr.K. Kannadhasan For Respondent(s):

Mr.K.S.Mohandass Public Prosecutor (Puducherry)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 14.05.2025, for the offences punishable under Sections 144(2) of BNS and Section 3(2)(a)(b), 4(2)(c), 5(1)(a)(d) of ITP Act 1956 in connection with Crime No.68 of 2025, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused procured ladies from Puducherry and Tamilnadu areas for the purpose of prostitution at No.316, Srinivasa Apartment, Puducherry and one Latha from Karur was induced to involve in prostitution at the said premises.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and she has been falsely implicated in this case. The learned counsel further submitted that the petitioner is suffering incarceration from 14.05.2025 and she is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Learned Public Prosecutor (Puducherry) appearing for the respondent police reiterated the prosecution case, and on instructions submitted that the case is under investigation, at this stage, if the petitioner is released on bail, there are every possibilities for tampering the witnesses and hampering the investigation, thereby, he strongly opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, and the period of incarceration undergone by the petitioner, 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 her 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 No.1, Puducherry and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the respondent police as and when required for interrogation; [c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

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

03-07-2025 Jai Index:Yes/No Speaking/Non-speaking order Internet:Yes

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 the official website of this Court will be watermarked and will also have a QR code.

To 1.The Station House Officer, Thavalakuppam Police Station, Puducherry.

2. The Judicial Magistrate No.1 Puducherry.

3. The Central Prison, Puducherry.

4. The Public Prosecutor, Puducherry.

M.NIRMAL KUMAR J.

jai CRL OP No. 17967 of 03-07-2025