G S Ganesan v. The State Rep. By Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-04-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN

1. G S Ganesan S/o Swaminathan, No.3/190, Yadavar Street, Govinda Reddy Palayam, Ussoor, Anicut Taluk, Vellore District.

Petitioner(s) Vs

1. The State Rep. by Inspector of Police, Ariyoor police Station, Vellore District, (Crime No 59 of 2025 Respondent(s) PRAYER To enlarge the petitioner on bail in the event of his arrest .in Crime No. 59 of 2025 on the file of the respondent police and thus render justice. For Petitioner(s):

K Sathish Kumar For Respondent(s):

Mr.S.Balaji, Government Advocate (Crl.side)

ORDER

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 3(1), 4(1) & 5(1)(a) of Immoral Traffic (Prevention) Act 1956, in Crime No.59 of 2025 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner along with other accused, was running a guest house in the name and style of "Durga Guest House"; that they are doing business; that on 06.04.2025, on secret information, the respondent police inspected the guest house and found that the petitioner and the other accused had committed the offences punishable under Sections 3(1), 4(1) & 5(1)(a) of Immoral Traffic (Prevention) Act 1956.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent; that he has been falsely implicated based on the confession of the co-accused; that he is the owner of a Hotel by name 'Ganesh Bhavan' and has no role in the aforesaid Durga Guest House; that he has no bad

antecedents and prayed for anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions submitted that the petitioner has no bad antecedents. He further submitted that co-accused were arrested and are still in judicial custody and that the investigation is still pending.

5. Taking note of the aforesaid facts, the nature of allegations against this petitioner, the fact that the petitioner has no bad antecedents and since, custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered 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 is made ready, before the learned Judicial Magistrate

(Additional Mahila Court) Vellore, Vellore District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 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 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 accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

gbi 24-04-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The State Rep. by Inspector of Police, Ariyoor police Station, Vellore District, (Crime No 59 of 2025

SUNDER MOHAN J.

gbi CRL OP No. 12529 of 24-04-2025