Ghous Basha@ Ravi v. The Inspector Of Police

S.SOUNTHAR, J.

The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 3(2) (a), 3(2) (b), 4(1), 5(1) (a) of Immoral Traffic (Prevention) Act 1956 r/w 370 IPC in Crime No.140 of 2023, seeks anticipatory bail.

2. The case of the prosecution is that on 21.03.2023 at about 12 am., based on the secret information the respondent conducted raid in the premises of 1st accused. At that time, the respondent came to know that the petitioner running a room on rental basis. Further, on search one female namely Aarathi stayed in that room. On enquiry, the victim girls stated that the petitioner brought the victim girl from Velankanni bus stop and he instigated her to involve in immoral trafficking. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that he has nothing to do with the said allegation and he has been falsely

implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that there is no previous case against the petitioner. However, he opposed for grant of anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Having regard to the facts of the case and the nature of the allegation made against the petitioner and the fact that there is no previous case against the petitioner,this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is 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 District Munsif cum Judicial Magistrate, Kilvelur on condition that the petitioner shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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:

[a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate shall obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the respondent police once in a week at 10.30 a.m. for a period of four weeks and thereafter as and when required for interrogation.

[c] the petitioner shall not tamper the 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

S.SOUNTHAR, J., rst/mp 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.

05.05.2023 rst/mp