Khaja Moinudeen v. The State Rep By

T.V.THAMILSELVI,J.

The petitioner/Accused 2, who apprehend arrest at the hands of the respondent police for an alleged offence punishable under Sections 3(2)(a), 4(1), 5(1)(a) of Immoral Traffic (Prevention) Act, 1956 in Crime No.281 of 2024, seeks anticipatory bail.

2. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He also submitted that the petitioner is just a owner of the Feather Touch Spa and Saloon Academy and he is no way connected with the alleged offence. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner.

3. Learned Government Advocate (Crl.Side) appearing for the respondent police raised objection stating that the petitioner was indulged in conducting brothel, under the guise of running a spa. He also submitted that

two victim girls have been secured and sent to the home. He further submitted that investigation has almost been completed and the spa has also been closed. However, he further submitted that, if petitioner is released on bail, there is a possibility of absconding and tampering of evidence. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner. 4.Taking into consideration the facts of the case and the submissions made by the learned counsels, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

5.Accordingly, the petitioners are ordered to be released on anticipatory bail, in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned IV Metropolitan Magistrate at Saidapet, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 stands dismissed and on further condition that: [a] the petitioner shall deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) to the credit of "Sri Ramachandra University Institute of Higher Education and Research Trust, A/c.No.CA 6203243021, IFSC Code: IDIB000S180, Indian Bank, Porur". On such deposit, the receipt of the same shall be produced to the concerned Magistrate.

[b] 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; [c] the petitioner shall report before the respondent Police alternative days at 10.30 a.m, for a period of two months and thereafter, as and when required for interrogation;

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial; T.V.THAMILSELVI, J.

mac [f] 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]; [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

08.07.2024 mac Crl.O.P.No.15847 of 2024