Ponnal Keepan @ Karthik v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.10.2021
CORAM:
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.O.P.No.19397 of 2021 Ponnal Keepan @ Karthik ... Petitioner Vs.
The State By Inspector of Police, Anti-Vice Squad-I Chindatripet Chennai Crime No.4 of 2021 ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail pending investigation in Crime No.4 of 2021 on the file of the respondent police.
For Petitioners: Mr.S.Sasikumar For Respondent : Mr.L.Baskaran Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 20.09.2021 for the alleged offences under Sections 3(2)(a), 4(1), 5(1)(a), 5(1)(d) of ITP Act r/w 370-A(2) IPC, in Crime No.4 of 2021 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that A1 is running a beauty parlour in the name of "Chennai Wellness Centre" and on 20.09.2021, based on the secret information, the respondent police conducted raid in the said parlour and during their search, they found that A1 is doing prostitution. Thereafter, the respondent police secured six victims and arrested A1 and this petitioner. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner has nothing to do with the alleged offence and he has been falsely implicated in this case. He would further submit the
petitioner had gone to the beauty parlour only on the request of A1 for discussing the digital advertisement in a social media and he was projected as accused. He would further submit that the petitioner has been in judicial custody from 20.09.2021. Therefore, he prays to grant bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that six victims have been secured and there is no previous case pending against the petitioner. However, he vehemently opposed for grant of bail to the petitioner.
5. Considering the period of incarceration suffered by the petitioner and there is no previous case pending against the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions:
6. 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, out of which one surety shall be a blood relative, each for a like sum to the satisfaction of the Judicial Magistrate No.I, Poonamallee, and on further condition that: (a) the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Judicial / Metropolitan Magistrate may obtain a copy of their Aadhar card or voter identity card or driving license or PAN card or Bank pass Book with photo affixed and attested by Bank Manager to ensure their identity; (b) the petitioner shall co-operate with the pending investigation and shall report before the respondent police, daily at 10.00 a.m., until further orders.
(c) the petitioner shall not influence, threaten or coerce the witness either during investigation or trial; (d) the petitioner 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/- 12/10/2021 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 JUDICIAL MAGISTRATE, NO.I, POONAMALLEE.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR DISTRICT. [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE INSPECTOR OF POLICE, ANTI VICE SQUAD-I, CHINDATRIPET, CHENNAI .
+1 CC to M/S S.SASIKUMAR Advocate on payment of necessary charges SR.NO.11401 CRL OP.19397/2021 Date :12/10/2021 RW 13/10/2021