Raja v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.09.2023

CORAM

THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN Raja

...Petitioner

Vs.

The State Rep by The Inspector of Police, Tiruttani Police Station, Thiruvallur District.

Crime No.924 of 2023.

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. to enlarge the petitioner on bail in Crime No.924 of 2023 pending on the file of the respondent.

For Petitioner : Mr.P.Muthamizhselvakumar For Respondent : Mr.S.Rajakumar Additional Public Prosecutor 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 02.08.2023 for the offence punishable under Sections 294(b), 341, 342, 506(i) of IPC r/w 4 of TNPWH Act and Sections 5(1)(a), 3(2)(a), 4(1), 4(2)(a), 4(2)(b), 4(2)(c), 5(1)(b), 5(1)(c), 5(1)(d), 7(1)(a) of ITP Act in Crime No.924 of 2023 on the file of the respondent police, seeks bail.

2. Learned counsel for the petitioner submitted that, petitioner is falsely implicated as an accused for the offences punishable under Sections 294(b), 341, 342, 506(i) of IPC r/w 4 of TNPWH Act and Sections 5(1)(a), 3(2)(a), 4(1), 4(2)(a), 4(2)(b), 4(2)(c), 5(1)(b), 5(1)(c), 5(1)(d), 7(1)(a) of ITP Act in Crime No.924 of 2023. Petitioner is in Judicial Custody from 02.08.2023. Thus, he seeks bail to the petitioner.

3. In response, learned Additional Public Prosecutor submitted that, on 02.08.2023, defacto complainant and one Raziya came to Tiruttani in search of job in Export, tailoring and house hold works. The accused in this case met them in the bus stand and told them that there is a job available in the house of persons known to him. Then they took them to a house of Kalaignar Nagar, Tiruttani and compelled them to 2/6

indulge with sexual relationship with certain persons. When defacto complainant and Raziya refused to their demand, they scolded them in filthy language and threatened them. Thus, he prays for dismissal of this petition.

4. Considering the nature of the offences alleged to have been committed by the petitioner and that petitioner is in judicial custody from 02.08.2023 and that substantial part of the investigation might have been completed by this time, this Court is inclined to grant bail to the petitioner with conditions and 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 Court, Tiruttani 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.

[c] the petitioner shall report before the respondent police at 10.00 a.m., until further orders. 3/6

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial. [f] 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 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

25.09.2023 gd To 1.The Judicial Magistrate Court, Tiruttani 4/6

2.The Inspector of Police, Tiruttani Police Station, Thiruvallur District.

3.The Central Prison, Puzhal.

4.The Public Prosecutor, High Court of Madras.

G.CHANDRASEKHARAN.

J.

5/6

gd 25.09.2023 6/6