Munirathinam v. Inspector Of Police

A.D.JAGADISH CHANDIRA, J., The petitioner, who apprehends arrest at the hands of the respondent/ Police for the offences punishable under Sections 3(1), 3(2)(a), 4(1) & 5(1)(a) of Immoral Traffic (Prevention) Act, 1956 in Crime No. 257 of 2023, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused conducted prostitution in the guise of running a lodge. Hence the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner along with other accused has

conducted prostitution in the guise of running a lodge. Hence, he opposed to grant anticipatory bail to the petitioner.

5. At this juncture, the learned counsel for the petitioner submitted that the petitioner, without prejudice to his defense and contention, is ready and willing to make a non-refundable deposit of Rs.15,000/- to any welfare scheme run by the Government. Hence, he prays for grant of bail to the petitioner.

6. Heard both sides and perused the materials available on record including the FIR.

7. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

8. Accordingly, the petitioner is directed to make a non refundable deposit of Rs.15,000/- (Rupees Fifteen Thousand only) by

way of Demand Draft/RTGS/NEFT to "The Director/Dean, Arignar Anna Government Hospital, Arumbakkam, Chennai" without prejudice to his rights and contentions before the trial Court and on such deposit and production of proof, the petitioner is ordered to be released on bail on his executing 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 learned Judicial Magistrate, Gudiyatham and on further conditions that:

[a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/trial Court 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 every day at 10.30 a.m., for a period of two weeks and thereafter every Saturday at 10.30 am., 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] 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, 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 petitioner herein thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

9. Accordingly, the Criminal Original Petition is ordered. 27.06.2023 mfa A.D.JAGADISH CHANDIRA, J.

mfa 27.06.2023