A.Lakshmirani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/12/2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI CRL OP(MD). No.21135 of 2021 A.Lakshmirani

...Petitioner/Accused No.5

Vs The State represented by The Inspector of Police, Kollidam Police Station, Trichy City.

(in Crime No.392 of 2021) ... Respondent/Complainant For Petitioner : Mr.K.Rajesh, Advocate.

For Respondent : Mr.SS.Madhavan, Government Advocate (Criminal) PETITION FOR BAIL Under Section 439 of Cr.P.C. PRAYER :- For Bail in Crime No.392 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/accused No.5, who was arrested and remanded to judicial custody on 01.12.2021 for the offences punishable under Sections 3(1), 4(1), 5(1)(a) and 6(1)(a) of Immoral Traffic (Prevention) Act, 1956 in Crime No.392 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner and other accused have bringing ladies and soliciting customers for prostitution. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and she has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 01.12.2021, hence he seeks bail.

4.The learned Government Advocate (Criminal) appearing for the respondent police would submit that no previous case is pending against the petitioner and some of the co-accused in this case were released on bail. He would further submit that the petitioner is in judicial custody from 01.12.2021.

5. Taking into consideration all these facts and also considering the period of incarceration and also the facts that no previous case is pending against the petitioner and that some of the co-accused in this case were released on bail, this Court is inclined to grant bail to the petitioner.

6. Accordingly, the petitioner is ordered to be released on bail on her 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, Srirangam, Trichy and on further condition that 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 petitioner shall report before the respondent police daily at 10.30 am., for a period of thirty days (30 days) and thereafter, as and when required for interrogation. iii)the petitioner shall not tamper with evidence or witness. iv)the 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/petitioner thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 29/12/2021 / TRUE COPY / 29 / 12 /2021 Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.

Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. TO

1. The Judicial Magistrate, Srirangam, Trichy.

2. Do Through the Chief Judicial Magistrate, Trichy District.

3. The Officer in Charge, Women Prison, Trichy.

4. The Inspector of Police, Kollidam Police Station, Trichy City.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.21135 of 2021 Date :29/12/2021 MGJ(28.12.2021)/PN/SAR IV 3P 6C