Karthick Raj v. The Inspector Of Police

CRL.O.P.No.8408 of 2023 S.SOUNTHAR, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 3(2)(a), 4(1) and 5(1)(a) of the Immoral Taffic (Prevention) Act, 1956, in Crime No.13 of 2022 on the file of the respondent, seeks anticipatory bail.

2. The case of the prosecution is that on the information given by the de facto complainant, the police found that the petitioner is running prostitution in the guise of running a beauty parlour in the name of "Renew Trends Unisex Family Salon"and hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner was not in the scene of occurrence and there is no money transaction between the petitioner and the de facto complainant. He further submitted that the petitioner is an innocent person and he has been falsely implicated in this case.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the investigation conducted so far revealed the involvement of the petitioner in this case. Therefore, he strongly objected for the grant of anticipatory bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and the allegations made against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions.

6. Accordingly, the petitioner is ordered to be released on bail https://www.mhc.tn.gov.in/judis on condition in the event of arrest or on his appearance, within a period of fifteen 1/2

S.SOUNTHAR, J.

nsd days from the date on which the order copy made ready, before the learned IV Metropolitan Magistrate, Saidapet, on condition that the petitioner shall execute a 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 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 Aadhaar card or bank pass book to ensure their identity.

[b] the petitioner shall report before the respondent police, as and when required for interrogation.

[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 229A IPC.

05.05.2023 nsd/nl https://www.mhc.tn.gov.in/judis CRL.O.P.No.8408 of 2023 2/2