Ramalekshmi @ Ramalakshmi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Nineteenth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI RAMALEKSHMI @ RAMALAKSHMI ... PETITIONER/ACCUSED 1 Vs THE INSPECTOR OF POLICE VADASERI POLICE STATION, KANNIYAKUMARI DISTRICT.
IN CRIME NO.209/2023 ... RESPONDENT/COMPLAINANT For Petitioner : Mr.P.PRAVEENKUMAR Advocate For Respondent : Mr.SS.MADHAVAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:- FOR ANTICIPATORY BAIL IN CRIME NO.209/2023 ON THE FILE OF THE RESPONDENT POLICE.
ORDER : The Court Made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 3(2)(a), 4(2)(c), 5(1)(a) and 7(1)(a) of Immoral Traffic (Prevention) Act, 1956, in Crime No.209 of 2023, on the file of the 1/4
respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner conducted prostitution by engaging the employees as if she runs ABS Ayurvedic Clinic and Therapy Centre at Rainbow Apartment in Vadaseri. Hence, the case. 3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and she has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. side) submitted that the petitioner is having no previous case. The investigation is pending and hence, he strongly opposed to grant anticipatory bail to the petitioner. 5.
Considering the facts and circumstances of the case and also considering the facts that the petitioner has no previous antecedents, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on 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 Judicial Magistrate No.II, Nagercoil, on condition that the petitioner shall execute a bond for a sum of Rs.
officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(a)if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) 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; (c)the petitioner shall report before the respondent police as and when required for interrogation;
(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioner shall not abscond 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]; and;
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(g)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 19/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
SJI TO 1 THE JUDICIAL MAGISTRATE NO.II, NAGERCOIL. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.
3 THE INSPECTOR OF POLICE VADASERI POLICE STATION, KANNIYAKUMARI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN Date :19/01/2024 SA/DD/SAR. /29.01.2024/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4