Salman Khian v. The State Of Telangana

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.7369 of 2023 ORDER:

1.

This Criminal Petition is filed under Section 438 of Cr.P.C. by the petitioner/Accused No.1 seeking anticipatory bail in the event of his arrest in connection with Crime.No.611 of 2023 on the file of Banjara Hills Police Station, Hyderabad, registered for the offences under Sections 370, 370(a)(2) of IPC and Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956. 2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent-State and perused the record.

3.

On 02.07.2023, the Sub-Inspector of Banjara Hills Police Station conducted raid in "Ruan Thai Spa". On raiding the premises, it was found that A-2 was the organizer of the Spa. A customer was also found. A-2 confessed that this petitioner is his friend and he is running this Spa along with his friend. It is the case of the Police that female sex workers were brought from Thailand under the garb of Spa and they were carrying on prostitution.

4.

Learned counsel for the petitioner would submit that the basis for implication of this petitioner is confession of A-2. There was no other evidence which was collected by the Police. 5.

On the other hand, learned Additional Public Prosecutor would submit that victims themselves have stated that they have come down from Thailand.

6.

It is not the case that the said women were trafficked by the petitioner herein. The only basis for implication of this petitioner appears to be confession made by A-2. In the said circumstances, the petitioner can be granted relief of anticipatory bail, more so, there are no other case cases pending against this petitioner according to the Additional Public Prosecutor, subject to the following conditions:-

1) The petitioner/Accused No.1 is directed to surrender before the Station House Officer, Banjara Hills Police Station, Hyderabad on 18.08.2023.

Upon such surrender, the said Station House Officer shall release the petitioner/Accused No.1 on bail, on his executing personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for a like sum each to his satisfaction.

2) On such release, the petitioner/Accused No.1 shall appear before the concerned Police everyday at

10:00 a.m. till 04.09.2023 and thereafter, as and when required for the purpose of investigation.

3) The petitioner/Accused No.1 shall abide by the other conditions stipulated in Section 438(2) of Cr.P.C and shall co-operate with the Investigating Officer in investigating the case.

7.

Accordingly, the Criminal Petition is allowed. Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

__________________ K.SURENDER, J Date : 14.08.2023 dv

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 7369 of 2023 Dt.14.08.2022 dv