R.Rejani @ Malathi vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 04.11.2022 for the offences punishable under Sections 4(1), 5(1), (d) and 6(1)(a) of ITP Act in Crime No.589 of 2022, on the file of the respondent police, seeks bail.

The case of the prosecution is that on the date of alleged occurrence, the defacto complainant went to the house, wherein, the petitioner is running brothel house by using victims. It is further alleged that the petitioner taking advantage of the poor family back grounds of the victims, induced them to involved in the aforesaid illegal activities. Hence, the complaint.

The learned counsel for the petitioner would submit that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that the victims stayed in the petitioner's house in order to get employment as maid and not for the brothel business. He would also submit that the petitioner has been suffering incarceration for more than 30 days from 04.11.2022. He would submit that the petitioner is ready and willing to abide by any stringent condition as imposed by this Court. Hence he prays for granting bail to the petitioner.

The learned Government Advocate (Crl.Side) submits that petitioner is running brothel house by using victims and the petitioner taking advantage of the poor family back grounds of the victims, induced them to involved in the illegal activities.

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

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-I, Pollachi and on further condition 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 Wednesday at 10.30 a.m., for a period of four months ;

(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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.