Devi v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 03.03.2025
CORAM:
THE HON`BLE MR.JUSTICE SUNDER MOHAN Devi W/o. Vinodh Kumar ... Petitioner / Accused Vs State rep. by:- The Inspector of Police, Central Crime Branch, Anti Vice Squad-2, ITP Unit-2, Egmore, Chennai-600 008.
... Respondent [Cr. No.4 of 2025] PRAYER: - The Criminal Original Petition is filed under Section 482 of B.N.S.S., praying to grant anticipatory bail to the petitioner / Accused in Crime No.4 of 2025 on the file of the respondent police. For Petitioner : Mr. Nixon.T.
For Respondent : Mr. S. Balaji, Government Advocate [Criminal side]
ORDER
The petitioner / Accused, who apprehends arrest at the hands of the 1/6
respondent police for the offence punishable under Sections 3(2)(a) and 4(1) of Immoral Traffic (Prevention) Act, 1956 in connection with the case in Crime No.4 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that on secret information, the respondent found that immoral activities were going on in the premises, in which the 1st accused was found and he was arrested; and that based on his confession, the petitioner was implicated.
3. The learned counsel for the petitioner would contend that the allegations against the petitioner are false; that she has been implicated based on the confession of the 1st accused; that she has no bad antecedents and that in any case, custodial interrogation of the petitioner is not required and hence prayed for anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions, 2/6
submitted that the 1st accused was running a prostitution house; that his confession revealed the involvement of the petitioner in the offence and that A1 arrested and released on bail.
5. Considering the aforesaid facts, nature of allegations, the fact that the petitioner has no bad antecedents and she has been implicated based on the confession of the 1st accused, this Court is of the view that, custodial interrogation of the petitioner is not required for the purpose of investigation. Therefore, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.1, Alanthur on condition that the petitioner shall execute a separate 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 3/6
the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions 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 twice a week i.e. on Monday and Thursday 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 4/6
of Kerala [(2005)AIR SCW 5560]; and [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.
24.03.2025 mjs To 1.The Judicial Magistrate No.1, Alanthur.
2. The Public Prosecutor, High Court, Madras. 3.The Inspector of Police, Central Crime Branch, Anti Vice Squad-2, ITP Unit-2, Egmore, Chennai-600 008.
SUNDER MOHAN. J., mjs 5/6
24.03.2025 6/6