Raja v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11.12.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Raja, ... Petitioner /Accused No.3 Vs The State of Tamil Nadu represented by the Inspector of Police, M.Chatrapatti Police Station, Madurai District.

(Crime No.130 of 2024) ... Respondent / Complainant For Petitioner : Mr.C.Senthil Murugan, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS,2023. PRAYER :- For Bail in Crime No.130 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner / Accused No.3, who was arrested and remanded to judicial 1/5

custody on 10.11.2024 for the alleged offences under Sections 4(2)(c) of Immoral Traffic (Prevention) Act, 1956 and Section 143(3) of BNS, 2023, in Crime No.130 of 2024, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that A1 and A2, who are husband and wife, took on lease a property and engaged 12 women and were running a brothel. The petitioner has been arrayed as A3 and he is said to be the manager.

3. Heard the learned counsel on either side and perused the material records of the case.

4. Taking into consideration the facts and circumstances of the case and considering the fact that all the 12 women have been rescued and taken to safe custody and the petitioner has suffered incarceration from 10.11.2024 and there are no previous cases against the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

5. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, each 2/5

for a like sum to the satisfaction of the learned Judicial Magistrate No.V, 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 petitioner shall report before the respondent police on every Monday and Friday 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 3/5

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/- 11/12/2024 / TRUE COPY / 11/12/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

PAL TO 1 THE JUDICIAL MAGISTRATE NO.V MADURAI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE OFFICER INCHARGE, SUB JAIL, MELUR.

4 THE INSPECTOR OF POLICE, M. CHATRAPATTI POLICE STATION, MADURAI DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+2 CC to M/s.J.PERUMAL, Advocate ( SR-15241[I] dated 11/12/2024 )

ORDER

IN CRL OP(MD) No.20944 of 2024 Date :11/12/2024 SS/SAR- /11/12/2024/ 5P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5