Harisutha v. The State Of Tamil Nadu Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR 1.Harisutha 2.Suriyaprakash ... Petitioners Vs.

The State of Tamil Nadu Rep., by The Inspector of Police, Sathuvachari Police Station, Vellore District.

(Crime No.252/2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioners on bail pending investigation in Crime No.252 of 2025 pending on the file of the respondent. For Petitioners :

Mr. C. Deepak Kumar For Respondent :

Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

The petitioners, who were arrested and remanded to judicial custody on 09.10.2025, for the offence punishable under Sections 3(1), 4(1) 1/6

and 5(1)(a) of Immoral Traffic (Prevention) Act, registered in Cr.No.252 of 2025 on the file of the respondent, seek bail.

2. The allegation against the petitioners is that on secret information, the respondent went to the house, they found that the petitioners along with others were engaged in immoral trafficking and the respondent police secured the victims. Hence, the present case.

3. The learned counsel appearing for the petitioners submitted that petitioners have been falsely implicated in this case. He further submitted that the petitioners are in custody from 09.10.2025. Hence, he prayed for grant of bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police and submitted that these petitioners are not having any previous cases and A3 is still absconding and hence the investigation is still pending. Hence, he opposed for grant of bail to the petitioners.

4. Heard both sides and perused the materials available on record.

5. Considering the fact that there is no previous cases as against the petitioners and the period of incarceration, this Court is inclined to grant bail to the petitioners with certain conditions: 2/6

6. Accordingly, the petitioners are ordered to be released on bail on their executing separate bonds 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 (Additional Mahila) Vellore and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioners shall report before the respondent police daily at 10.30.a.m., for a period of three weeks and thereafter as and when required for interrogation;

[c] the petitioners shall make themselves available for interrogation by a Police Officer as and when required;

[d] the petitioners shall not directly or indirectly cause any threat to the defacto complainant and witnesses; [e] the petitioners to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen 3/6

days, he shall comply to the directions as may be given by the Court in this regard;

[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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)13 SCC 283];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 30.10.2025 Vv Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

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To 1.The Judicial Magistrate, (Additional Mahila), Vellore. 2.The Inspector of Police, Sathuvachari Police Station, Vellore District.

3.The Special Prison for Women, Vellore

4. The Central Prison, Vellore.

4.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J Vv 30.10.2025 6/6