Saravanan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :03.08.2023

CORAM

THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN Saravanan ..Petitioner Vs.

The State Rep. By The Inspector of Police, Hudco Police Station, Krishagiri District.

Crime No.217 of 2023 ...Respondent PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.217 of 2023 pending investigation on the file of the respondent police. For Petitioner : Mr.B.Gopalakrishnan For Respondent : Mr.S.Rajakumar Additional Public Prosecutor

ORDER

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The petitioner, who was arrested and remanded to judicial custody on 02.07.2023 for the offences punishable under Sections 3(2)(a), 4(1) and 5(1)(a) of Immoral Traffic Act, 1956 in Crime No.217 of 2023, on the file of the respondent police seeks bail.

2. The learned counsel for the petitioner submitted that, allegations that petitioner along with other accused were running "True Paradise Spa" involving four women in prostitution is not correct. He is falsely implicated in this case. Petitioner is in Judicial Custody from 02.07.2023. He further submitted that, co-accused in this case was granted anticipatory bail by this Court in Crl.O.P.No.16047 of 2023. Thus, he seeks bail to the petitioner.

3. The learned Additional Public Prosecutor submitted that, petitioner along with other accused were running "True Paradise Spa". They involved for four women for prostitution. Hence, he vehemently opposed for grant of bail to the petitioner.

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4. Considering the nature, facts and circumstances of the case and the petitioner is in Judicial Custody from 02.07.2023 and that material part of the investigation might have been over by this time and co-accused granted anticipatory bail, 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 No.II, Hosur 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 3/6

investigation or trial.

[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 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 229A IPC. 03.08.2023 Sma 4/6

To

1. Judicial Magistrate No.II, Hosur.

2.The Inspector of Police, Hudco Police Station, Krishagiri District.

3. District Jail, Dharmapuri.

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

G.CHANDRASEKHARAN. J.

Sma Crl.O.P.No.17259 of 2023 03.08.2023 6/6