← Library
Madras High CourtCRL OP(MD)/22054/2024allowed

Karthick v. The State Of Tamilnadu

2024-12-13Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.12.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Karthick ... Petitioner/Accused No.2 Vs The Inspector of Police, S.S.Colony Police Station, Madurai City.

(Crime No.777 of 2024) ... Respondent/Complainant For Petitioner :

Mr.S.Sathyachidambaram, Advocate.

For Respondent :

Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS,2023. PRAYER :- For Bail in Crime No.777 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner / Accused No.2, who was arrested and remanded to judicial custody on 26.11.2024 for the alleged offences under Sections 4(2)(a), 4(2)(c), 5(1)(a) and 5(1)(d) of Immoral Traffic (Prevention) Act, 1956 read with Section 144 of BNS, 2023 in Crime No.777 of 2024, on the file of the respondent police, seeks bail. 1/4

2. The case of the prosecution is that A1 to A3 rented a house in a residential locality and forced two girls into prostitution. There are totally three accused persons in this case and the petitioner has been arrayed as A2.

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 the victim girls have already been rescued and are in safe custody, and considering the fact that the petitioner has suffered incarceration from 26.11.2024, and also considering the fact that there are no previous cases as 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 for a like sum to the satisfaction of the learned Judicial Magistrate No.V, Madurai, Madurai District, 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 appear before the respondent police daily at 10.30 a.m. 2/4

for a period of four weeks and thereafter, as and when required for the interrogation. [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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 13/12/2024 / TRUE COPY / 13/12/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

mkn 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 CITY.

3/4

4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.S.SATHYA CHIDAMBARAM, Advocate ( SR-15375[I] dated 13/12/2024 )

ORDER

IN CRL OP(MD) No.22054 of 2024 Date :13/12/2024 RS/IT/SAR-(13.12.2024) 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4