Thaneskumar Simson v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Third day of December Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.20809 of 2018 THANESKUMAR SIMSON ... PETITIONER / ACCUSED RANK NOT KNOWN Vs STATE REP BY, THE INSPECTOR OF POLICE MATHICHIYAM POLICE STATION, MADURAI CITY.
IN CRIME NO. 580 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.R.SELVARAJ Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Section 3(2)(a), 4(2)(C), 5 (1)(a), 5(1)(d) of Immoral Traffic Act, in Crime No.580 of 2018, seeks anticipatory bail.
2.The case of the prosecution is that on 16.10.2018, on receipt of a secret information, the respondent police went to the house of Janarthanan and in the said house they found the accused Nos.1 to 3 involving in the crime of prostitution in the name of Massage Centre. Hence a case has been registered against the petitioner herein.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent, he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.
4. Heard the learned Government Advocate (criminal side) for the respondent.
5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner.
6. 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Madurai, 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 said Magistrate, on further condition that:
[a] The petitioner shall pay a sum of Rs.10,000/- (Rupees Ten Thousand only) as costs, to the credit of Rojavanam Home for aged and poor, Account No.6481560540, Indian Bank, Madurai Bench of Madras High Court, Madurai. within a period of one week from the date of receipt of a copy of this order.
[b] the petitioner shall appear before the respondent police as and when required for interrogation.
[c] if the petitioner failed to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled.
[d] the petitioner shall not tamper with 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 herself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 03/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO II, MADURAI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI
3 THE INSPECTOR OF POLICE MATHICHIYAM POLICE STATION, MADURAI CITY.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI COPY TO:- THE OFFICER IN CHARGE, ROJAVANAM, HOMELESS & AGED CARE CENTRE, MELUR ROAD, UTHANGUDI, MADURAI +1. CC to MT.R.SELVARAJ Advocate SR.No.22601
ORDER
IN CRL OP(MD) No.20809 of 2018 Date :03/12/2018 MSI/VR-MMS/SAR-II/12.11.2018-3P/7C