Kavinesh v. The State Rep By

C.V.KARTHIKEYAN , J.

The petitioner / A2 who apprehends arrest at the hands of the respondent police for the offences punishable under Section 3(2)(a), 4(1), 5(1)(a) of Immoral Traffic (Prevention) Act, 1956 in Crime No.16 of 2024, seeks anticipatory bail.

2. It is stated that the respondent had conducted a raid at Ayurvedic Foot Recharge Centre, Mylapore and six victim women had been rescued. The petitioner is the Manager of the place. It is also stated that A3 had been arrested and granted bail. A1 is the owner of the place is still absconding. But it is stated that FIR as against A1 alone has been quashed.

3. Taking into consideration the fact that the earlier petitions seeking anticipatory bail were dismissed on 13.02.2024 and 05.04.2024 and still the respondent had not taken any steps to apprehend the petitioner, I am inclined to grant anticipatory bail to the petitioner with certain conditions.

4. Accordingly, the petitioner is ordered to be released on bail in 1/4

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 IV M.M. Saidapet, Chennai - 15, on condition that the petitioner shall execute 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 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 2/4

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 229A IPC.

18.07.2024 gsk 3/4

C.V.KARTHIKEYAN,J.

gsk 18.07.2024 4/4