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Madras High CourtCRL OP/8094/2026granted

Venkatesan v. The State Represented By

2026-04-01Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Venkatesan ..Petitioner(s) Vs The State Represented by The Sub-Inspector of Police Vellore North L and O Police Station, Vellore District.

Crime No.55 of 2026 ..Respondent(s) Criminal Original Petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to enlarge the petitioner on Bail in Crime No.55 of 2026 on the file of respondent police. For Petitioner(s):

Mr.R.Bose For Respondent(s):

Mr.S.Vinoth Kumar Government Advocate (Criminal Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 03.03.2026 for the alleged offences under Sections 3(1), 4(1) and 5(1)(a) of the Immoral Traffic (Prevention) Act, 1956, in Crime No.55 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner, under the guise of running a lodge, allegedly indulged in immoral trafficking. The respondent police registered the First Information Report suo motu. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and has been falsely implicated in this case. He would further submit that the petitioner is the owner/manager of the lodge and has been arrayed as an accused solely in that capacity. It is further submitted that the petitioner is a law-abiding citizen, has been in custody since 03.03.2026 and is willing to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of bail, submitted that the petitioner was allegedly involved in immoral trafficking under the pretext of operating a lodge. However, he fairly submitted that there are no previous cases pending against the petitioner and that the final report has already been filed on 09.03.2026.

5. I have given my anxious consideration to the submissions made by the learned counsel on either side.

6. Considering the facts and circumstances of the case, the period of incarceration undergone by the petitioner, the fact that there are no adverse antecedents against him, and that the final report has already been filed, this Court is of the view that custodial interrogation is no longer required. Accordingly, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on their executing 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 learned Judicial Magistrate No.IV, Vellore, and subject to the following conditions: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall sign before the respondent police twice a day at 10.30 a.m. and 05.30 a.m. for a period of one week and thereafter as and when required for interrogation; [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

01-04-2026 Index: Yes/No Speaking/Non-speaking order Jeni Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To 1.The Judicial Magistrate No.IV, Vellore.

2.The Superintendent, Central Prison, Vellore. 3.The Sub-Inspector of Police, Vellore North L and O Police Station, Vellore District.

4.The Public Prosecutor, High Court of Madras, Chennai.

C.KUMARAPPAN, J.

Jeni 01-04-2026