Deepa v. The Station House Officer

S.SOUNTHAR, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 3(1), 3(2)(a), 4(1) of Immoral Traffic Act, 1956, in Crime No.199 of 2023, seeks anticipatory bail.

2. It is the case of the prosecution that on receiving the secret information that some gents and ladies were indulging themselves in prostitution in one Nakkiran's house at Salamedu Bughari Nagar, Villupuram, the respondent police obtained warrant before the concerned Judicial Magistrate and conducted raid in the above said address and caught them hand in glove. On investigation, they came to know that the petitioner has bought the victim for the purpose of prostitution and got Rs.1,000/- for the said offence and given Rs.200/- to the victim girl for indulging her into the immoral trafficking. Hence the complaint. 3.Learned counsel appearing for the petitioner submitted that the

petitioner is an innocent lady and she has been falsely implicated in this case and there is no specific overt act against the petitioner. Accordingly, prays for grant of anticipatory bail to the petitioners.

4. Learned Government Advocate (Criminal Side) for the respondent would submit that the petitioner is a sole accused and indulged the victim girl in prostitution after obtaining a sum of Rs.1,000/-. He added that there is no previous case pending against her.

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

6. Having regard to the allegations made against the petitioner in the F.I.R, and the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

7. 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 on which the order copy made ready, before the learned Judicial Magistrate No.I, Villupuram, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the respondent police every day 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.

S.SOUNTHAR, J.

kas [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 229A IPC.

04.05.2023 kas