Hamesh Lal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.16295 of 2017 HAMESH LAL ... PETITIONER/ACCUSED No.3 Vs THE STATE REP BY THE INSPECTOR OF POLICE VADASERRY POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT, IN CRIME NO.597 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.LEONARD VASANTH 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, who is arrayed as Accused No.

3, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 3(1)(2)(a), 4(1)(2)(C), 5(1)(a) and 7(1) (a) of Immoral Traffic Prevention Act, 1956, in Crime No.597 of 2017, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and the other accused were implicated for the offences punishable under Sections 3(1)(2)(a), 4(1)(2)(C), 5(1)(a) and 7(1)(a) of Immoral Traffic Prevention Act, 1956. The petitioner and other accused were running a Massage Parlour in the name and style of 'Ponnu Ayurvedic' at Krishnan Kovil, Nagercoil. On search, the respondent police found that the parlour was misused by them. Thereby, the petitioner and other accused implicated in the above said offences. 3.

The learned counsel for the petitioner submitted that the petitioner is an innocent and he did not commit any offence as alleged by the prosecution. He would further submit that A1 and A2 were released on bail before the lower Court. 4.The learned Government Advocate (Criminal side) appearing for the State submitted that he did not dispute the facts made by the learned counsel for the petitioner.

5.Considering the facts and circumstances of the case and also considering the learned counsel for the petitioner, 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 his 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.25,000/- (Rupees twenty five thousand only) each with two sureties 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 respondent police, daily at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation;

(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(iii) the petitioner shall make himself available for interrogation including custodial interrogation as and when required by the investigation officer;

(iv) the petitioner shall not abscond either during investigation or trial;

(v) the petitioner shall not commit any offence while on bail; (vi) 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 anticipatory bail granted stands cancelled automatically. sd/- 28/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, NAGERCOIL 2 THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT AT NAGERCOIL

3 THE INSPECTOR OF POLICE VADASERRY POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.S.LEONARD VASANTH Advocate SR.No.35260

ORDER

IN CRL OP(MD) No.16295 of 2017 Date :28/11/2017 SMA/PM-PN/SAR-4/06.12.2017:3P/6c