Elangovan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.10436 of 2023

1. Elangovan

2. Vijayalakshmi ... Petitioners/Accused(rank not known) Vs The State represented by The Inspector of Police, Thillai Nagar Police Station Trichy City.

(Crime No.486 of 2023) ... Respondent/Complainant For Petitioners : T.Leninkumar, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.486 of 2023 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/Accused rank not known, who apprehend arrest at the hands of the respondent police for the offences punishable under sections 3(2)(a), 4(1), 4(2)(c) of Immoral Traffic (Prevention) Act, 1956 and Section 370 of IPC, in Crime No.486 of 2023 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 17.04.2023, when the defacto complainant was standing at 11th Cross, Thillai Nagar, the accused persons came and introduced themselves that they are running an Ayurvedhic Spa and they have five ladies and if the defacto complainant wants to have fun with the girls, he has to pay Rs.3,000/- to Rs.5,000/-. The defacto complainant felt guilty and lodged a complaint before the respondent police.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case.

4. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record including the First Information Report.

5. Taking into consideration of the facts and circumstances of the case and also the fact that the the petitioners having valid licence, this court is inclined to grant anticipatory bail to the petitioners , with certain conditions:

6. 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 on which the order copy made ready, before the learned Judicial Magistrate No.III, Trichy, on condition that 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity.

[b] the first petitioner shall report before the respondent Police, daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation. The second petitioner shall report before the respondent Police as and when required for interrogation.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 14/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

ls TO 1 THE JUDICIAL MAGISTRATE NO.III TRICHY.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE THILLAI NAGAR POLICE STATION TRICHY CITY 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-8820[I] dated 15/06/2023 )

ORDER

IN CRL OP(MD) No.10436 of 2023 Date :14/06/2023 SS/VR/19/06/2023/3P/6C