G.Sathishkumar v. Inspector Of Police

T.V.THAMILSELVI,J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 3(2)(a), 4(1), 5(1)(a) of Immoral Traffic (Prevention) Act, 1956 in Crime No.13 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner was running brothel house with the victim girls. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person. However, on instructions, he would submit that the petitioner is ready and willing to pay a sum of Rs.20,000/- to any Charitable Institute as may be directed by this Court and he would pray for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) would submit that the petitioner was running a spa, in which, he was doing prostitution with the help of victim girls. He would also submit that the victim girls were

secured and now, the spa is also closed. However, he opposed for grant of anticipatory bail to the petitioner.

5.Taking into consideration the facts and circumstances of the case and also considering the fact that the victim girls were secured and the spa is also closed, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.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 Judicial Magistrate-II at Poonamallee 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 is directed to deposit a sum of

Rs.20,000/- (Rupees Twenty Thousand only) to the credit of Sri Arunodayam Charitable Trust, 45, Sivananda Nagar, Kolathur, Chennai - 600 099. Account No.50100196910687, HDFC Bank, Dayalur Nagar, Villivakkam Branch, IFSC Code:HDFC0004224 (Cell No.86089 71037, Telephone No.044-2651 1450), within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below.

[b] 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;

[c] the petitioner shall report before the respondent Police on every Wednesday at 10.30 a.m. for a period of eight weeks;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] the petitioner shall not abscond either during investigation or trial;

T.V.THAMILSELVI,J.

sp [f] 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];

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

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