Kabali v. State By

V.LAKSHMINARAYANAN, J.

The petitioner who apprehends arrest for the alleged offences under Sections 3 (2) (a), 4(1), 5(1)(a), 6(1)(a), 7(1)(a) of Immoral Traffic Prevention Act, 1956 in Crime No.12 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and co-accused had illegally ran prostitution centre by using Mobile App. Thereby, the Law Enforcing Agency registered a complaint against the petitioner.

3. The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. He would further submit that the petitioner has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. side) submits that petitioner and others have illegally ran prostitution centre by using Mobile App. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of this case and also the submissions made by the learned counsel for the petitioner and the learned Government Advocate (Crl.Side), I am inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I at Alandur 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 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 stay at Tirunelveli and report before the Town Police Station, Tirunelveli daily morning at

10.30 a.m for a period of twelve (12) weeks and thereafter, the petitioner shall report before the respondent police daily 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;

(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 anticipatory 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

26.05.2023 dk/jas

V.LAKSHMINARAYANAN, J.

dk/jas To 1.The Judicial Magistrate No.I at Alandur.

2.The Public Prosecutor High Court of Madras Chennai - 600 104.

26.05.2023