Pandiyan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixteenth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14388 of 2018 1.PANDIYAN 2.JEYALAKSHMI ... PETITIONERS / ACCUSED Nos. 1 and 2 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE AVANIYAPURAM POLICE STATION, MADURAI.

Crime No.1182/2018 ... RESPONDENT / COMPLAINANT For Petitioners : Mr.A.XAVIER Advocate For Respondent : Mr.V.NEELAKANDAN Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners are in judicial custody since 03.07.2018 for the offences punishable under Sections 3(2)(a), 4(2)(a), 4(1)(c) ITP Act, 1956 and 7 r/w 8 of POCSO Act, in Crime No.1182 of 2018 on the file of the respondent police. They seek bail. 2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent. 3.The case of the prosecution is that the petitioners are running Beauty Parlor and Massage Centre without license on the allegation of prostitution, the Sub-Inspector of Police conducted raid on the premises of the petitioners and rescued two girls from Beauty Parlor.

4.The case of the petitioner is that on 03.07.2018, the victim girls aged about 17 and 20 years were approached the petitioners and seeking employment in the Beauty Parlor, on that day the respondent police raided the Parlor and had taken them and foisted false complaint as against the petitioners.

5.Considering the above facts and circumstances, the petitioners were arrested on 03.07.2018 and the victim girls seems to be major and there is no further evidence to show that the petitioners are running prostitution with the victim girls. https://hcservices.ecourts.gov.in/hcservices/

6. Considering the facts and circumstances, this Court is inclined to grant bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail subject to the following conditions:

(i) 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 learned Additional District Judge (Mahila Court), Madurai.

(ii)the petitioners shall report before the respondent police, daily at 10.30 a.m. until further orders.

sd/- 16/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE ADDITIONAL DISTRICT JUDGE, (MAHILA COURT) MADURAI.

2.THE INSPECTOR OF POLICE AVANIYAPURAM POLICE STATION, MADURAI.

3.THE SUPERINTENDENT, CENTRAL PRISON MADURAI.

4.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to Mr.A.XAVIER Advocate SR.No.15625

ORDER

IN CRL OP(MD) No.14388 of 2018 Date :16/08/2018 TK/PN/SAR.1/16.08.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/