S. Prem Kumar v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/11/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH
1. S.Prem Kumar,
2. S.Ponraj, ... Petitioners/Accused Nos.1 & 2 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Anna Nagar Police Station, Madurai (Ref. Crime No. 708/2024).
... Respondent/Complainant For Petitioners : Mr.M.Murali, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of B.N.S.S. U/s 439 of Cr.P.C. PRAYER :- For Bail in Crime No. 708 of 2024 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The petitioners / Accused Nos.1 & 2, who were arrested and remanded to judicial custody on 04.11.2024 for the offence under Sections 3(2)(a), 4(2)(c), 5(1)(d) and 6(1) (b) of Immoral Traffic (Prevention) Act, 1956, in Crime No.708 of 2024, on the file of the respondent Police, seek bail.
2. The case of the prosecution is that the accused persons in the name of Spa Centre were engaging nearly five girls belonging to the North Eastern States for prostitution. On a raid conducted on 04.11.2024, at about 01.45 p.m., the victim girls were retreived and the petitioners, who were working as the Manager and Receptionist in the Spa Centre were arrested. There are totally four accused persons in this case and the petitioners have been arrayed as Accused Nos.1 and 2. Accused Nos.3 and 4 are said to be the owners of the property.
3. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent Police.
4. Taking into consideration the facts and circumstances of the case and considering the fact that the victim girls have already been taken into safe custody 2/5
and also considering the fact that the petitioners have suffered incarceration from 04.11.2024 and there are no previous cases against the petitioners, this Court is inclined to grant bail to the petitioners subject to the following conditions.
5. Accordingly, the petitioners are ordered to be released on bail 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 Judicial Magistrate No.VI, Madurai and on further conditions that:- [a] 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 petitioners shall report before the respondent Police Monday and Friday at 05.30 p.m., for a period of six weeks and thereafter, as and when required for interrogation.
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
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[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 269 of BNS, 2023.
sd/- 25/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (CS-I / II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO 1.THE JUDICIAL MAGISTRATE NO.VI, MADURAI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.
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3.THE SUPERINTENDENT, CENTRAL JAIL, MADURAI.
4.THE INSPECTOR OF POLICE, ANNA NAGAR POLICE STATION, MADURAI 5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.M.MURALI, Advocate ( SR-14470[I] dated 25/11/2024 )
ORDER
IN CRL OP(MD) No.20499 of 2024 Date :25/11/2024 RK (25/11/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5