Aswin Ramesh v. State Rep By
S.SOUNTHAR , J.
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 3(2)(a), 4(2)(c), 4(1) and 5(1)(d) of the Immoral Traffic Prevention Act, 1956 in Crime No.268 of 2024, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 25.4.2024, while the de-facto complainant - one Balaji was walking near Tharapuram Road, Tiruppur, the second accused - one Mithun introduced himself to the de-facto complainant and took him to Room No.209 at P.M.Residency, approached him for immoral trafficking activity and the de-facto complainant came to know that the petitioners along with the other accused were involved in immoral trafficking. Hence the complaint.
3. The learned counsel for the petitioners stated that the petitioners are innocent persons and they have been falsely implicated in Crime No.268 of 2024 registered by the respondent Police. Thus, he seeks anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal side) accepting notice for the respondent stated that the victim girls have already been secured and sent to 1/4
Home. He also submitted that the petitioners have no antecedents of similar nature.
5. Having regard to the nature of allegations made against the petitioners and also of the fact that the victim girls have already been secured, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail, in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.2, Tiruppur, Tiruppur District, on condition that the petitioners shall execute separate bonds 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 condition that: [a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioners shall report before the respondent police everyday at 10.30.a.m., until further orders.
2/4
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial; [d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 petitioners thereafter abscond, a fresh FIR can be registered under Section 229A of the Indian Penal Code.
29.05.2024 klt 3/4
S.SOUNTHAR , J.
klt 29.05.2024 4/4