Infantraj v. State Rep By

C.V.KARTHIKEYAN , J.

The Petitioner/A1 in Crime No.489 of 2023 registered by the Respondent Police for the offences under Sections 3(2)(a), 3(2)(b), 4(1) and 5(1)(a) of Immoral Traffic Prevention Act read with Section 370 IPC seeks anticipatory bail.

2. It is the case of the prosecution that on information, the Respondent had searched the P.M. Lodge at Velankanni and found that women were used for immoral purposes. The victims had been rescued. It is the specific case of the prosecution that the Petitioner herein is the lease owner of the said lodge.

3. But however, A2 had also been arrayed as an Accused in this case and in the order granting bail for the Accused A2 in Crl.M.P.No.3852 of 2023 by the learned District and Sessions Judge at Nagapattinam, dated 19.12.2023, the case of the prosecution was that the Accused A2 is the lease owner of the lodge.

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4. The learned counsel for the Petitioner denies that the Petitioner is connected with the management or administration. But it is an issue which have to be examined during the course of trial.

5. However, taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the Petitioner with certain conditions. Accordingly, the Petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Learned District Munsif cum Judicial Magistrate, Kilvelur, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that : [a] the petitioner and 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.

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[b] the petitioner shall report before the Respondent Police daily at 10.30 a.m., until further orders. [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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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C.V.KARTHIKEYAN , J.

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