R.Subha v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN R.Subha ... Petitioner/A3 Vs.

State Represented by The Inspector of Police C1, Sriperumbudur Police Station, Govinda Mettu Street, Katchipedu, Sriperumbudur-602 105.

... Respondent (Crime No.226 of 2025) PRAYER: Criminal Original Petition filed under Section 482 of BNSS, to enlarge the petitioner on bail in the event of arrest Crime No.226 of 2025, on the file of the respondent Police.

For Petitioner : Mr.R.Raji For Respondent : Mr.S.Balaji Government Advocate (Crl.Side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 3(1)(2)(a) (b), 4(1) (2) and 1/6

5(1) (d) of the Immoral Traffic (Prevention) Act, 1956, in Crime No.226 of 2025, on the file of the respondent police, seeks anticipatory bail. 2.

The case of the prosecution is that, based on secret information, the respondent police went to the petitioner's Ayurvedic Retreat Centre and found that the petitioner was involved in prostitution business. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person that she has been falsely implicated in this case; that the petitioner is ready to produce solvent sureties and to abide by any conditions that may be imposed by this Court and that custodial interrogation is not required and prayed for anticipatory bail. 4.The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and on instructions submitted that the petitioner has no bad antecedents and that co-accused were arrested and still in custody. 5.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent police and 2/6

perused the materials available on record.

6.Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, the fact that the petitioner has no bad antecedents and since, custodial interrogation is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Sriperumbudur, on condition that the petitioner shall execute a separate 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 condition 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 Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the respondent police everyday 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 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 269 of B.N.S.

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To 1.The Inspector of Police C1, Sriperumbudur Police Station, Govinda Mettu Street, Katchipedu, Sriperumbudur-602 105.

2.The Judicial Magistrate No.I, Sriperumbudur.

3.The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN, J.

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