Anarkali v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
1. Anarkali
2. Chinnathai ... Petitioners/Accused No.1 & 3 Vs The Inspector of Police, Koodal Pudur Police Station, Madurai City.
(Crime No. 422 of 2024).
... Respondent/Complainant For Petitioner : M/s. C.Kannan, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SECTION 483 OF BNSS 1/5
PRAYER :- For Bail in Crime No.422 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/Accused, who were arrested and remanded to judicial custody on 05.08.2024 for the offences punishable under Sections 3(2)(a), 4(2)(c), 5(1)(a) and 5 (1)(d) of Immoral Traffic (Prevention) Act, 1956 and 143 of BNS Act, 2023 in crime No. 422 of 2024 on the file of the respondent police, seek bail. 2.The case of the prosecution is that the petitioners herein are a money lender and they are doing a brothel work. Hence, the case.
3. The learned counsel appearing for the petitioners submits that the defacto complainant is an Advocate and on his behest totally a false case has been foisted as against the petitioners only to wreck vengeance arising out of some other transaction.
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.
4. It is submitted that the 1st petitioner has since detained under Act 14, as such this petition is dismissed as against the first petitioner.
5. Considering the nature of allegations against the 2nd petitioner and 2/5
considering the fact that there are no bad antecedents against the 2nd petitioner and also considering the fact that the 2nd petitioner is in jail from 05.08.2024, I am inclined to enlarge the 2nd petitioner on bail.
5. Accordingly, this Criminal Original Petition is allowed and the 2nd petitioner is ordered to be released on bail, on executing 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 learned Judicial Magistrate No.IV, Madurai. (i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii)the 2nd petitioner shall appear before the respondent Police daily at 10.30 a.m for a period of three weeks and thereafter, as and when required for interrogation; (iii)the 2nd petitioner shall not tamper with evidence or witness; iv)the 2nd petitioner shall not abscond during trial.
v)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 himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
(vi)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 05/09/2024 / TRUE COPY / 05 / 09 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO 1 THE JUDICIAL MAGISTRATE, NO.IV, MADURAI.
2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.
3 THE INSPECTOR OF POLICE KOODAL PUDUR POLICE STATION, MADURAI CITY, 4 THE SUPERINTENDENT CENTRAL PRISION, MADURAI.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.C.KANNAN, Advocate ( SR-10910[I] dated 05/09/2024 ) 4/5
ORDER
IN CRL OP(MD) No.14225 of 2024 Date :05/09/2024 PSP/ /SAR /05.09.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5