Ramachandran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.01.2022

CORAM:

THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI Crl.O.P.No.25934 of 2021 Ramachandran ... Petitioner Vs.

State, rep by The Inspector of Police, Villupuram West Police Station, Villupuram. ... Respondent (Crime No.489 of 2021) Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in connection with Crime No.489 of 2021 on the file of the respondent police.

For Petitioner : Mr.R.Sasikumar For Respondent : Mr.A.Gokula Krishnan Additional Public Prosecutor

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 342, 370(2), 370A(2) of IPC and Section 3(1), 3(2)(b), 4(1) and 6(1) (a) of Immoral Traffic (Prevention) Act, 1956 in Crime No.489 of 2021, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner is having a leasehold right of the lodge and he along with other accused was involving in the offence of immoral trafficking. Hence the complaint.

3. The learned counsel for the petitioner submits that the petitioner is an innocent and he is ready to co-operate for the investigation. Accordingly prays for grant of anticipatory bail.

4.Learned Additional Public Prosecutor would submit that the petitioner is the leaseholder of the lodge which was involved in the immoral trafficking act. He added that the main accused A2 and A3 were already arrested and enlarged on bail.

5.Considering the submissions made by the learned Additional Public Prosecutor that the petitioner is the lease holder of the lodge, said lodge also closed, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the petitioner is directed to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned Judicial Magistrate No.I, Villupuram, 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, failing which, the petition for anticipatory bail shall stand dismissed 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 every Tuesday at 10.30 a.m., for a period of four weeks and thereafter as and when required for an 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 has 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) AIR SCW 5560]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 20/01/2022 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, VILLUPURAM.

2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, VILLUPURAM WEST POLICE STATION, THIRUVALLUR DISTRICT +1 CC to M/S R.SASIKUMAR Advocate on payment of necessary charges SR.NO.905 CRL OP.25934/2021 Date :20/01/2022 JPA 24/01/2022