Aravindakshan v. Inspector Of Police

C.V.KARTHIKEYAN , J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 3(1), 3(2) (a), 4(2)(c), 6(1)(b) of the Immoral Traffic (Prevention) Act, 1956 in Crime No.4 of 2024, seek anticipatory bail.

2. It is stated that the first petitioner is the owner of 'Sun Unisex Saloon' at Tiruppur and the second petitioner is the Manager.

3. The learned counsel for the petitioners had forwarded the license issued for running of the said Spa by the Fire and Rescue Services Department, the trade license and also the certificate issued to the first petitioner for attending a course. An order in W.P.No.19752 of 2022 had also been produced. But however, from that particular place, four victim woman had been rescued by the respondent. There are also two previous cases against the second petitioner.

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4. The earlier application seeking anticipatory bail was dismissed on 21.02.2024 in Crl.O.P.No.3962 of 2024.

5. It is stated by the learned Government Advocate(Crl.side) that one significant change in circumstances that the co-accused had been arrested and had been granted bail.

6. However, taking all the other factors into consideration this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Additional Mahila Court(Magistrate Level), Tiruppur, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties 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:

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[a] the petitioners 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.

[b] the petitioners shall report before the respondent police everyday at 10.30 a.m., until further orders. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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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