GANESH Vs. STATE

JUDGEMENT

(1.) The petitioners, who was arrested and remanded to judicial custody on 21/1/2023, for the offences punishable under Ss. 3(2)a, 4(1), 5(1)a, 6(1), 7(1) of Immoral Traffic (Prevention) Act, 1956 @ Ss. 3(2)a, 4(1), 5(1)a, 6(1), 7(1), 6(2-A) r/w 6(1) of I.T.P.Act, and 5(1), 5(p) r/w 6 of Protection of Children from Sexual Offences Act, 2012, in Crime No.2 of 2023, on the file of the respondent police, seek bail.

(2.) The case of the prosecution is that on 21/1/2023, the respondent Police has conducted a raid at Hotel India Gate at Thoraipakkam, wherein, at Room No.117 of the said hotel, they found that the accused had made the victim girls to indulge in prostitution. The respondent had rescued 10 victims including one minor victim girl, aged about 16 years and registered the case in Crime No.2 of 2023. The case was originally registered for the offence under Ss. 3(2)a, 4(1), 5(1)a, 6(1), 7(1) of Immoral Traffic (Prevention) Act, 1956 and later finding that one of the victim girls is minor, the case has been altered to one under Ss. 3(2)a, 4(1), 5(1)a, 6(1), 7(1), 6(2-A) r/w 6(1) of I.T.P.Act, and 5(1), 5(p) r/w 6 of Protection of Children from Sexual Offences Act, 2012. Hence the case.

(3.) Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that the petitioners are arrayed as A3, A4 and A6 respectively in this case. He also submitted that A3 was working as a House Keeper in the Hotel, A4 was an inmate stayed in the hotel during the relevant time and A6 was working as a Manager in the hotel run by A1. He also submitted that on 21/1/2023, the respondent has conducted a raid in the hotel and during which, some of the inmates in the room, who had checked in as guests were arrested by the respondent. He further submitted that one Nisha and her sister Shalini and Shalini's husband and one minor girl have checked in the room and other than allowing them to stay in the hotel room, the petitioners have not involved in any illegal activities and also they have no connection with them whatsoever. He further submitted that the petitioners, understand that one of the inmates, who stayed there is a minor girl and the statement has been recorded from the minor girl under Sec. 164 Cr.P.C, wherein, she has not made any allegations as against the petitioners and she also stated that she had accompanied Nisha and her sister Shalini, who was pregnant and Shalini's husband and they have conducted the pregnancy test in the room, during which, the respondent has entered into the room and arrested them, as if they have conducted prostitution. He further submitted that no previous case is pending as against the petitioners and also there is no specific allegation against them. He also submitted that similarly placed co-accused in this case has been granted bail by this Court in Crl.O.P.No.4849 of 2023 vide order dtd. 16/3/2023 and an another accused was granted anticipatory bail by this Court in Crl.O.P.No.5749 of 2023. He further submitted that the petitioners are in custody from 21/1/2023 and they are ready to abide by any stringent conditions that may be imposed by this Court, therefore, he prayed to grant bail to the petitioners.