Eswari v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Eighth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.20898 of 2021 ESWARI [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, THIRUVANNAMALAI TOWN POLICE STATION, THIRUVANNAMALAI DISTRICT.
CRIME NO.1160 OF 2021.
For Petitioner : M/S. S.SILAMBUSELVAN Advocate For Respondent : MR.N.S.SUGANTHAN, Counsel for Govt. Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence under Section 3(1), 4(1), 5(1)(a) Immoral Traffic (Prevention) Act 1956, in Cr.No.1160 of 2021 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the defacto complainant/respondent police along with the police team visited a house where a girl name one Nadhiya was found and the defacto complainant received a statement from her in which she has revealed that her husband and the petitioner's husband were doing prostitution and the same was aided by the petitioner. Thereby, the law enforcing agency registered a case against the petitioner. 3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and she has been falsely implicated in this case. He further submits that the accused/A-1 and A-2 were arrested and
remanded to Judicial Custody and subsequently enlarged on bail in Crl.M.P.Nos.1075 and 1074 of 2021 dated 20.10.2021. Hence, he prays to grant anticipatory bail to the petitioner. 4.The learned Public Prosecutor submits that one Nadhiya gave a statement to the respondent police/defacto complainant in which she has revealed that her husband and the petitioner's husband were doing prostitution and the same was aided by the petitioner. He further submits that there is no previous case pending against the petitioner. However, he vehemently opposed for granting anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case and that there is no previous case pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Additional Mahila Judge (Magistrate Level), Thiruvannamalai on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned 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. for a period of two weeks and thereafter, as and when required for interrogation;
(c)the petitioner shall not tamper with evidence or 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory 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/- 08/11/2021 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 JUDGE, (MAGISTRATE LEVEL), THIRUVANNAMALAI.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVANNAMALAI [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, THIRUVANNAMALAI TOWN POLICE STATION, THIRUVANNAMALAI DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S. S.SILAMBUSELVAN Advocate on payment of necessary charges SR.NO.12549 CRL OP.20898/2021 Date :08/11/2021 JPA 11/11/2021