Madras High CourtCRL OP(MD)/13469/2017granted

Uma, W/O.Veeramani, v. The Inspector Of Police,

2017-10-05Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.13469 of 2017 UMA ... PETITIONER / ACCUSED No.4 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, K.K.NAGAR POLICE STATION, TRICHY DISTRICT.

CR.NO.540 OF 2017 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.B.SANTHANAM RAJESHKUMAR, Advocate For Respondent : Mr.K.ANBARASAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/Accused No.4 apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 3(2)(a), 4(1), 4(2)(c) and 6(1)(b) of the Immoral Traffic (Prevention) Act, 1956, in Crime No.540 of 2017, on the file of the respondent police has filed this petition, seeking anticipatory bail.

2.The case of the prosecution is that the de-facto complainant one Palaniyappan made a complaint as if he is doing JIO SIM card distribution business and after completing his business activities, he was returning from K.K.Nagar to his residence. On the way, he was standing near Iyengar Bakery at Olaiyur and at that time, A1 and A2 approached the de-facto complainant and canvassed him for immoral activities and he went along with them and thereafter, he came out of the residence and gave a complaint under the Immoral Traffic (Prevention) Act, 1956.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that already the petitioner/A4 approached this Court and obtained an order of anticipatory in Crl.O.P.(MD) No.9473 of 2017 on 25.07.2017 and thereafter, she was not able to

furnish two blood relationship sureties, and hence, she has filed Crl.M.P.(MD)Nos.8370 and 8371 of 2017 in Crl.O.P.(MD)No.9473 of 2017 to extend time and to modify the condition imposed in Crl.O.P.(MD) No.9473 of 2017 respectively and when the same were taken up for hearing, there was no representation on behalf of the petitioner. Hence, the petitions stood dismissed for non-prosecution. 5.Considering the facts and circumstances of the case, I am 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 her appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.II, Trichy, on condition that the petitioner shall execute 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 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) the petitioner shall report before the Inspector of Police, All Women Police Station, Cantonment, Trichy, daily between 10.00 a.m. and 11.00 a.m.

(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial; (iii) the petitioner shall not commit any offence while on bail;

(iv) 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 and the bail granted stands cancelled automatically.

sd/- 05/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, TRICHY 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY

3 THE INSPECTOR OF POLICE, K.K.NAGAR POLICE STATION, TRICHY DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI COPY TO:

THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, CANTONMENT, TRICHY +1. CC to Mr.V.MAHARAJAN Advocate SR.No.32181 JAM/10.10.17/PM-PN/SAR 2 / 3P-8C

ORDER

IN CRL OP(MD) No.13469 of 2017 Date :05/10/2017