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Madras High CourtCRL OP(MD)/13018/2023granted

Adaikalaraj @ Adaikalanathan v. The Inspector Of Police

2023-07-18Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Adaikalaraj @ Adaikalanathan ... Petitioner/1st Accused Vs The State Rep. by The Inspector of Police, Palani Town Police Station, Dindigul District.

(Crime No.311 of 2023).

... Respondent/Complainant For Petitioner : M/s.LENINKUMAR.T, Advocate.

For Respondent : Mr.B.NAMBISELVAN Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.311 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 3(2)(s), 4(2)(c), 5(1)(a), 5(1)(d), 7(2)(b) of Immoral 1/4

Traffic (Prevention) Act, 1956, in Crime No.311 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused indulged in immoral activities in their premises.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. The petitioners have not committed any offence as alleged by the prosecution. The learned counsel for the petitioner submitted that before the date of occurrence (i.e) on 10.06.2023, the petitioner leased out the lodge to the second accused by way of lease agreement dated 10.06.2023.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that no previous case is pending against the petitioners and he has also submitted that the petitioner leased out the lodge to the second accused on 10.06.2023.

5. The learned counsel for the petitioner has also produced the lease agreement dated 10.06.2023 before this Court.

6.Considering the facts and circumstances of the case and also the fact that no previous case is pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioners.

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7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate, Palani, and on their executing 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 Magistrate concerned; and the petitioner shall appear before the respondent police on every Saturday at 10.30 am until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

8. The petitioners shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

9. During the course of enquiry, the petitioner is directed to produce the relevant documents before the Investigating Officer and also co-operate to him to complete the process of enquiry.

sd/- 18/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA TO 1 THE JUDICIAL MAGISTRATE, PALANI.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3 THE INSPECTOR OF POLICE, PALANI TOWN POLICE STATION, DINDIGUL DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.LENINKUMAR.T Advocate SR.No.10951 ORDER IN CRL OP(MD) No.13018 of 2023 Date :18/07/2023 SA/DD/SAR. /07.08.2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4