Kumar @ M.Nandha Kumar v. The State Rep. By, Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.05.2025
CORAM
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR Kumar @ M.Nandha kumar ... Petitioner(s) /Accused Vs.
State rep. by The Inspector of Police, Vellore North Police Station, Crime No.107 of 2025 ... Respondent(s)/ Complainant Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in Crime No.107 of 2025 pending on the file of the respondent police. For petitioner(s) : Mr.B.J.Santhosh Kumar For Respondent(s) : Mr.A.Gopinath, 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 Sections 3(1), 4(1), 5(1)(a) of Immoral Traffic (Prevention) Act, 1956 in Crime No.107 of 2025 seeks Page No.1 of 7
anticipatory bail.
2. The case of the prosecution is that the petitioner, under the guise of running a Lodge, has allegedly indulged in immoral trafficking. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner is a law abiding citizen and ready to abide by any stringent condition that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of anticipatory bail reiterated the prosecution case.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the Page No.2 of 7
materials available on record.
6. Considering the nature of allegations, and that 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.
7. 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 made ready, before the learned Judical Magistrate-IV, Vellore Court, 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 sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Page No.3 of 7
Aadhar card or Bank pass Book to ensure their identity; [b] the petitioner shall report before the jurisdictional Judicial Magistrate from Monday to Friday at 10.30 a.m., and shall appear before the respondent Police on Saturday and Sunday at 10.30 a.m., until further orders;
[c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with evidence or witness 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 B.N.S.
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22.05.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr To
1. Judical Magistrate-IV, Vellore Court,
2. The Public Prosecutor, Madras High Court, Chennai.
3. The Inspector of Police, Vellore North Police Station, Page No.5 of 7
N.SENTHILKUMAR, J.
skr Page No.6 of 7
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