J. Rajmohan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirtieth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.22617 of 2015 J. RAJMOHAN ... PETITIONER/ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE THANJAVUR T.M.C. H. POLICE STATION, CRIME NO.387/2015, THANJAVUR. ... RESPONDENT/COMPLAINANT For Petitioner : M/S C.A.GANAPATHY Advocate For Respondent : MR.P.KANNIDEVAN, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused , in Crime No.387 of 2015 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 3, 4 and 5 of Immoral Traffic Act and hence, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner is the owner of the Raja Lodge at Thanjavur Medical College Road. The petitioner has allowed a person and a Mumbai girl by name Sulman for the purpose of brothel and thereby the petitioner has committed the offence under Sections 3, 4 and 5 of Immoral Traffic Act.
3. The case of the petitioner is that he is owning lot of properties in and around Thanjavur including Raja Lodge situated at Thanjavur Medical College Road. In the said Lodge, the relatives of the inpatients who are taking treatment in the Thanjavur Medical College have stayed. The petitioner is respectable person. He is innocent and he has not committed any offence as alleged in the F.I.R.. The petitioner went to Chennai on 16.11.2015 to see his ailing mother and he was not at Thanjavur on the day which the alleged occurrence said to have been committed. His mother was taking treatment in Chennai staying with his younger brother.
4.The learned Government Advocate(Crl.Side) submitted that the investigation is pending and there is no previous case as against the petitioner.
https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the fact that the petitioner is the owner of the lodge
in question, the nature of the charges levelled against the petitioner and the custodial interrogation of the petitioner is not necessary, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, Thanjavur, and on his executing 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 learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. for a period of two weeks and thereafter as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C.
Scrupulously. 6.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 30/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.II, THANJAVUR. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,THANJAVUR DISTRICT. 3 THE INSPECTOR OF POLICE, THANJAVUR T.M.C. H. POLICE STATION, THANJAVUR.
4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1CC TO M/S C.A.GANAPATHY ADVOCATE SR.NO.68826 CSL/SKS-RR/SAR-II/03.12.2015 2P/6C
ORDER
IN CRL OP(MD) No.22617 of 2015 Date :30/11/2015 https://hcservices.ecourts.gov.in/hcservices/