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Madras High CourtCRL OP(MD)/8937/2018disposed of

Eshwaramoorthy v. The Inspector Of Police

2018-06-05Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.8937 of 2018 1 ESHWARAMOORTHY 2 SARANRAJ @ KUMAR ... PETITIONERS / ACCUSED No.1 & 2 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, THIDEER NAGAR POLICE STATION, MADURAI DISTRICT.

CR.NO.277/2018.

... RESPONDENT / COMPLAINANT For Petitioner : Mr.SIVAPRAKASH Advocate For Respondent : Mr.A.P.G.OHM CHAIRMA PRABHU, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners are arrayed as Accused Nos. 1 & 2. They were arrested and remanded to judicial custody on 05.05.2018, for the offences punishable under Sections 370 I.P.C. and Section 3(1), 4(2) (c), 5(1) (a) and 5(1)(d) of Immoral Traffic Prevention Act, 1956, in Crime No.277 of 2018, on the file of the respondent police. They seek bail.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent. 3.The allegation made against the petitioners is that they had compelled the defacto complainant into prostitution. This Court is of the view that the investigation must have been completed by now. 4.In view of the above, 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; https://hcservices.ecourts.gov.in/hcservices/ (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 Judicial Magistrate No.V, Madurai.

(ii)the petitioners are directed to appear before the respondent police as and when required for interrogation. (iii)on breach of any of the aforesaid conditions, the 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 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/- 05/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.V, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

4 THE INSPECTOR OF POLICE THIDEER NAGAR POLICE STATION, MADURAI DISTRICT.

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

+1. CC to Mr.SIVAPRAKASH Advocate SR.No.9551.

ORDER

IN CRL OP(MD) No.8937 of 2018 Date :05/06/2018 https://hcservices.ecourts.gov.in/hcservices/ SDS/PN/ASVM/05.06.2018/2P/7C