P.Rajadurai v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03.12.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH P.Rajadurai ... Petitioner / Accused Rank Not Known Vs The State of Tamil Nadu Represented by the Inspector of Police, Thirunagar Police Station, Madurai District.
(Crime No.425 of 2024) ... Respondent/Complainant For Petitioner : Mr.L.Siva, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No. 425 of 2024 on the file of the respondent police. 1/5
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 3(2)(a), 4(2)(c), 5(1)(d), 6(1)(b) of Immoral Traffic (Prevention) Act, 1956 and altered as Sections 3, 4, 5, 6 and 8 of ITP Act and under Section 144(1) of BNS and Section 16 r/w. 17, r/w.4 of POCSO Act, in Crime No.425 of 2024 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that in the name of running a spa, a brothel was being run by the accused persons. 3 ladies were rescued in this case. Out of which one was a minor girl. There are totally 8 accused persons this case and the petitioner has been arrayed as A2.
3. The earlier anticipatory bail petition in Crl.OP(MD).No.14741 of 2024 filed by the petitioner was dismissed as withdrawn on 10.09.2024 and this is the 2nd anticipatory bail petition.
4. The learned Government Advocate (Criminal Side), on instructions, submitted that the victim girl and the 2 ladies have been rescued and they have been kept in home. The 164 statement recorded from the victim girl was also placed before 2/5
this Court. He further submitted that there are no previous cases against the petitioner.
5. Heard the learned counsel on either side and perused the material records of the case.
6. Taking into consideration the facts and circumstances of the case and also considering the fact that A1 and A5 have been enlarged on bail by this Court and there are no previous cases against the petitioner and the victim girl and 2 ladies have been taken to safe custody, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.6, Madurai, Madurai District, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for 3/5
anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and 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 petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner 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 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]. 4/5
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 03/12/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (CS-I / II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.
pal TO
1. THE JUDICIAL MAGISTRATE NO.6, MADURAI, MADURAI DISTRICT, 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.
3. THE INSPECTOR OF POLICE, THIRUNAGAR POLICE STATION, MADURAI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.L.SIVA, Advocate ( SR-14857[I] dated 03/12/2024 ) +1 CC to M/s.R.L.DHILIPAN PANDIAN, Advocate ( SR-14860[I] dated 03/12/2024 )
ORDER
IN CRL OP(MD) No.20915 of 2024 Date :03/12/2024 RK/SKN (09/12/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5