Devi Arul Selvi v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/11/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH
1. Devi Arul Selvi
2. Abdul Raguman ... Petitioners/Accused No.1 & 3 Vs The State of Tamilnadu, Rep by the Inspector of Police, S.S.Colony Police Station, Madurai District.
(Crime No.740 of 2024.) ... Respondent/Complainant For Petitioners :
Ms.K.M.Priscilla Jancy, Advocate For Respondent :
Mr.S.Ravi Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime no.740 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 1/5
custody on 16.11.2024 for the offences under Sections 4(2)(a), 4(2)(c), 5(1)(a), 5(1)(d) of Immoral Traffic (Prevention Act), 1956 and Section 144 of BNS Act, 2023 in Crime No.740 of 2024 on the file of the respondent police, seek bail. 2.The case of the prosecution is that on secret information, the Police went to the premises, which was run in the name and style of Lotus Unisex Saloon. It was found that the premises is being used to run a Brothel. There are totally four accused persons in this case and the petitioners are arrayed as A1 and A3. 3.The learned Additional Pubic Prosecutor submitted that two women belonging to North Eastern State were rescued and A1, A3 and A4 were arrested. The learned Additional Pubic Prosecutor further submitted that there are no previous cases against the petitioner.
4. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent. 5.Taking into consideration the facts and circumstances of the case and considering the fact that the petitioners have suffered incarceration from 16.11.2024 and the two women have already been taken to safe custody and there are no previous cases against the petitioners, this Court is inclined to grant bail to the petitioners subject to the following conditions.
6. Accordingly, these criminal original petition is ordered and the 2/5
petitioners are ordered to be released on bail on 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.5, 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 as and when required for interrogation;
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial;
[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];
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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
sd/- 29/11/2024 / TRUE COPY / 29/11/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
PNM To 1.The Judicial Magistrate No.V, Madurai.
2.Do through the Chief Judicial Magistrate, Madurai District.
3.The Inspector of Police, S.S. Colony Police Station, Madurai District.
4.The Superintendent, Central Jail, Madurai.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.20961 of 2024 Date :29/11/2024 4/5
ED/ /SAR- (29/11/2024) 5P / 6 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5