Venkatsawaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Criminal Jurisdiction ) Date : 27/06/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.8070 of 2019

1. Venkatesawaran,

2. Sangeetha @ Muthu, ... Petitioners/Accused No.1 & 2 Vs The State rep.by The Inspector of Police, All Women Police Station, Thoothukudi, Crime No.15/2019.

... Respondent/Complainant For Petitioners : M/s.M.M.Manivelpandian, Advocate.

For Respondent : Mr.V.Neelakandan, Additional Public Prosecutor.

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.15/2019 on the file of the respondent police.

ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 4(1) and 5(1)(a) of Immoral Traffic (Prevention) Act, in Crime No.15 of 2019, seek anticipatory bail.

2. Heard both sides.

3.The learned counsel appearing for the petitioners has submitted that the petitioners run a Beauty Parlor in a proper manner and on the day of occurrence the petitioners were not available. He would further submitted that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioners. 4.The learned Additional Public Prosecutor has submitted that based on the secret information received by the Inspector of Police a raid was conducted in the beauty parlor which is being run by A1

and was found that the other accused persons were there. He further submitted that one of the lady namely Muthumari has stated that the accused persons entrusted her by saying they will gave money and subjected her to prostitution.

5.Taking into consideration the fact that except the aforesaid statement of one Muthumari, no other materials are available to show that the petitioners herein have conducted brothel house and also the fact that there is no previous case pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners by imposing certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.3, Thoothukudi, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (i) If the petitioners fail to surrender before the concerned Magistrate within a period of 15 days, this order shall stand automatically cancelled.

(ii) 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 before the respondent police for interrogation. (iii) the petitioners shall not tamper with evidence or witness either during investigation or trial.

(iv) the petitioners shall not abscond either during investigation or trial.

(v) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the 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)AIR SCW 5560]. (vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 27/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.3, THOOTHUKUDI.

2 DO THRO'THE CHIEF JUDICAIL MAGISTRATE, THOOTHUKUDI DISTRICT.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THOOTHUKUDI.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to MR.M.M.MANIVEL PANDIAN, Advocate ( SR-10782[I] dated 01/07/2019 )

ORDER

IN CRL OP(MD) No.8070 of 2019 Date :27/06/2019 vsg AE/PN/SAR-II (03.07.2019) 3P 6C