Ramadoss vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 01.02.2023 for the alleged offences punishable under Sections 294(b), 341, 342, 506(ii), 323 IPC and Section 4 of TNPHW Act, 5(1)(a) and subsequently altered into under Sections 294(b), 341, 342, 506(ii), 323 of IPC and Section 4 of TNPHW Act, 5(1)(a) 3(2)(a), 4(1), 4(2)(a), 4(2)(b), 4(2)(c), 5(1)(b), 5(1)(c), 5(1)(d), 7(1)(a) of Immoral Traffic Act, in Crime No.130 of 2023 on the file of the respondent Police, seeks bail.

2.The case of the prosecution is that the defacto complainant one Radha preferred a complaint stating that the petitioner herein in order to get job for her from Export tailoring at Tiruttani. the petitioner insisted her to have sexual relationship with some other persons and the same was refused by the defacto complainant and further it is alleged that he threatened the defacto complainant with filthy words and beaten her and forced to do prostitute. Hence, the complaint.

The learned Counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submits that the petitioner filed bail petition in Crl.MP.No.645 of 2023 before the Principal District and Sessions Judge, Thiruvallur and the same was dismissed on 17.02.2023. He further submits that the petitioner has been suffering incarceration from 01.02.2023 and he is ready to abide by any stringent conditions that may be imposed by this Court and hence, he prays for grant of bail to the petitioner.

4.Learned Government Advocate (Crl.Side) appearing for the respondent police would submit that there are totally two accused in this case and the petitioner herein is arrayed as A2. He further submits that the victim girl, aged 37 years, who is widow forced to do prostitute in order to get the job at Tiruttani. He further submits that the investigation has been completed. However, he vehemently opposed to grant bail to the petitioner.

5.Taking into consideration the facts and circumstances of the case and the submissions made by both the counsel and also of the fact that the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

6.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, (out of which, one should be the blood surety), each for a like sum to the satisfaction of the learned Judicial Magistrate, Tiruttani 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 alternative days at 10.30 a.m., for a period of two months;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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 abscond, a fresh FIR can be registered under Section 229A IPC.