Arumainathan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/05/2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI CRL OP(MD). No.9413 of 2022 Arumainathan ... Petitioner/Accused Rank Not Known Vs State rep. by, The Inspector of Police, Sessions Court Police Station, Trichy City, (Crime No.333 of 2022).
... Respondent/Complainant For Petitioner : M/s.Lenin Kumar.T, Advocate. For Respondent : Mr.M.Sakthikumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.333 of 2022 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 3(2)(a), 4(1), 4(2)(c) & 6(1)(b) of Immoral Traffic (Prevention) Act, 1956, in Crime No.333 of 2022, seeks anticipatory bail. 2.The case of the prosecution is that on 14.05.2022, the defacto complainant lodged a complaint before the respondent police stating that without obtaining license from the concerned authority, the petitioner is running Spa and he wants the SPA to be closed. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case.
4.The learned Government Advocate(Crl.side) appearing for the respondent police submitted that there is no previous case pending against the petitioner.
5.Considering the facts and circumstances of the case and the nature of allegation levelled against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, this criminal original petition is allowed and 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, Trichy, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:
[a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.
[b] the petitioner shall deposit a sum of Rs.10,000/- to the credit of DIST SIDDHA MEDICAL OFFICER CCRI PKM (A/c No.10767823177, IFSC CODE: SBIN0000898, MICR CODE: 625002601, Branch: SBI PERIYAKULAM) without prejudice to his defence in the criminal case. (c) the petitioner shall report before the respondent police on every wednesday at 10.30 a.m., until further orders. [d]the petitioner shall not tamper with the 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]. Sd/- 18/05/2022 / TRUE COPY / 23/05/2022 Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.
RMI
TO
1. THE JUDICIAL MAGISTRATE NO.II, TRICHY.
2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
3. THE INSPECTOR OF POLICE, SESSIONS COURT POLICE STATON, TRICHY CITY.
4. THE DIST SIDDHA MEDICAL OFFICER, CCRI, PERIYAKULAM.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.LENIN KUMAR.T Advocate SR.No.4729
ORDER
IN CRL OP(MD) No.9413 of 2022 Date :18/05/2022 SP/PN/SAR IV/23/05/2022/3P/7C