Hariharan @ Mohammed Ibrahim v. State Rep By

T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest for the alleged offences punishable under Sections 2(a), 4(1), 5(1)(a), 6(1)(a), 7(1)(a) of Immoral Traffic Prevention Act in Crime No.17 of 2024 on the file of the respondent/police, seeks anticipatory bail.

2.It is the case of the prosecution that the complainant is the Sub Inspector of Police in the respondent police station. The complainant conducted a raid in Asian Bali Foot Spa in Purasaiwakkam, Chennai. The Co-accused having conducted prostitution in the centre. Hence the complaint. 3.The learned counsel appearing for the petitioner would submit that the the allegations of the prosecution are false and incorrect. The petitioner did not guilty of the offence and would provide his defence at the appropriate time. The petitioner is ready to abide by any condition that my be imposed on them by this Court. Hence, the learned counsel prays to grant anticipatory bail to the petitioner.

1/6

4.The learned Government Advocate (Crl. Side) submitted that the petitioner is an habitual offender. Hence, he opposed for grant of anticipatory bail to the petitioner.

5.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record. 6.Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner. 7.Accordingly, the petitioner are directed to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned IV Metropolitan Magistrate at Egmore, Chennai, 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 the petitioner, or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail 2/6

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 Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b) the petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the credit of Sevalaya, No.F-2, Pushkarani Apartment, 12 Ananda Road, Alwarpet, Chennai - 600 018, Account Name : SEVALAYA, A/c.No.218601000134, Bank - ICICI Bank, Branch - Mylapore, Chennai - 600 004, IFSC Code : ICIC0002186, Cell No.9941450444, within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below; (c) the petitioner shall appear before the respondent police as and when required;

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial; (e) the petitioner shall not abscond either during investigation or trial;

(f) 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 3/6

Judge himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

18.04.2024 ah 4/6

T.V.THAMILSELVI, J.

ah Crl.OP.No.9530 of 2024 5/6

18.04.2024 6/6