Perabattula Veerababu, v. The State Of A.P.,

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.2112 of 2016

ORDER

The petitioner, who is A1, filed the present application under Section 438 Cr.P.C. seeking release in the event of his arrest in connection with Crime No.282 of 2015 of II Town Police Station, Kakinada, registered for the offences punishable under Sections 3, 4 and 5 of Prevention of Immoral Traffic Act.

2. The case of the prosecution is that on 13.12.2015 at about 3.00 PM., at Door No.68-10-35/4, Vidyuthnagar, Kakinada, the Inspector of Police conducted raid on the brothel house run by A1 and A2. On seeing the police, A1, A2, A7 and A8 escaped from there while A3 to A6 were organizing and doing prostitution. The police seized an amount of Rs.1200/-, one Santro car bearing No.AP2BB8087 and condom packets from the scene of offence in the presence of the mediators under the cover of mediators' report.

3. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent.

4. Learned counsel for the petitioner mainly submits that since A2 was granted bail, the request of the petitioner may also be considered on the same terms and conditions.

5. On the other hand, learned Additional Public Prosecutor opposed the application contending that on earlier occasion, A2 obtained anticipatory bail by making a representation that he was only an assistant of A1 and acted upon the direction of A1.

6. Learned counsel for the petitioner has not disputed the said

contention of the learned Additional Public Prosecutor. However, he submits that he was not the counsel on behalf of A2 when he has granted bail.

7. A perusal of the material on record shows that A1 procured girls from different places and arranged them for prostitution on payment of amount. The averments in the report also show that A1 used to contact the customers and arrange the girls. Having regard to the nature of offence and the allegations made against the petitioner/A1, I am not inclined to grant anticipatory bail to him.

However, the petitioner/A1 shall surrender before the Magistrate concerned and move an application for bail, and on filing such an application, the Magistrate concerned shall deal with the same in accordance with law, at the earliest.

8. With the above direction, the Criminal Petition is disposed of. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

_________________________ JUSTICE C. PRAVEEN KUMAR 29th February, 2016 sj