J. Jayasenthil v. The Sub Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-03-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN J. Jayasenthil Son of Sathyanathan, No.30, Perumalsamy Street, Pooshanam Nagar, Salavanpettai, Vellore District.
Petitioner(s) Vs The Sub Inspector Of Police, Sathuvachari Police Station, Vellore District (Crime No.42 of 2025) Respondent(s) PRAYER To enlarge the petitioner on Anticipatory Bail in the event of arrest by the respondent police in Crime No.42 of 2025 on the file of respondent police For Petitioner(s):
Mr. Jagajothi D For Respondent(s):
Mr. S. Santhosh, Government Advocate
ORDER
The petitioner / A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 3(1), 4(1), 5(1)(a) of Immoral Traffic (Prevention) Act, 1956 in Crime No.42 of 2025, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that, the petitioner was working as an agent in a SPA; that based on the information received from the secret informer, the respondent police conducted a raid and secured 3 victims and sent to home; and that the petitioner was implicated based on the victim statement.
3. Learned counsel for the petitioner submitted that the allegations are false; that the petitioner was not involved in any offence under Immoral Traffic (Prevention) Act. He further submitted that the petitioner has undergone a surgery in CMC, Vellore and he is taking treatment. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court, and prayed for anticipatory bail to the petitioner.
4. Learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions submitted that the petitioner has no bad antecedents.
5. Considering the nature of allegations, the fact that the petitioner has no bad antecedents and since the custodial interrogation of the petitioner is not required, 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 of receipt of copy of this order, before the learned Judicial Magistrate-V, Vellore, on condition that the petitioner shall execute 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 said Magistrate, 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.
[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 269 of B.N.S. 06-03-2025 Index:Yes/No AT
To 1.The Sub Inspector Of Police, Sathuvachari Police Station, Vellore District (Crime No.42 of 2025)
SUNDER MOHAN, J.
AT CRL OP No. 6248 of 06-03-2025