Vishnumohan, M/A 54 Years, v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Eighteenth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL ORIGINAL PETITION No.15038 of 2018 VISHNUMOHAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, ANAMALAI POLICE STATION, COIMBATORE DISTRICT CR.NO.185 OF 2018.
For Petitioner : M/S.D.SELVARAJU Advocate For Respondent : MR.C.IYYAPPARAJ, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner seeks anticipatory bail in Crime No.185 of 2018 registered by the respondent police for the offence under Sections 3 (1), 3(2)(a), 6(1)(b) of Immoral Traffic (Prevention) Act, 1956.
2. The case of the prosecution is that on 14.06.2018, prostitution was going on at the time of raid at V.P.R.Lodge owned by the petitioner.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case, since he happens to be the owner of V.P.R.Lodge. He would submit that the Lodge was managed by the Manager and that he only let the room for rent and he is not aware of such activities. He would submit that there is no previous case against the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner is the owner of V.P.R.Lodge and that he had allowed the lodge to be used for prostitution purpose. He would submit that the arrested accused have been enlarged on bail. He would further submit that there is no previous case against the petitioner.
5. Taking into consideration the facts of the case and the submissions made by the counsels and also taking note of the fact that there is no previous case against the petitioner, I am inclined
to grant anticipatory bail to the petitioner subject to the following 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 of receipt of a copy of this order, before the learned Judicial Magistrate-I, Pollachi, 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 said Magistrate, on further condition that:- [a] if the petitioner failed to surrender before the said Magistrate within a period of fifteen days from the date of receipt of a copy of this order, this Order shall stand automatically cancelled;
[b] the petitioner shall report before the respondent police daily at 10.30.a.m and 5.30.p.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 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 abscond, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 18/06/2018 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE JUDICIAL MAGISTRATE, NO.I, POLLACHI.
2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, ANAMALAI POLICE STATION, COIMBATORE DISTRICT.
+1CC to M/S.D.SELVARAJU Advocate on payment of necessary charges SR NO.10910 CRL OP.15038/2018 Date :18/06/2018 MK:27/06/2018