Arjun Sunil Adithian v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twentieth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.19314 of 2021 ARJUN SUNIL ADITHIAN [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE, [ RESPONDENT ] PALLAPATTY POLICE STATION, SALEM DISTRICT CR NO.354/2021 For Petitioner : M/S.S.PATRICK Advocate For Respondent : M/S. C.E.PRATAP, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 3(2)(a), 4(2)(c), 5(1)(a), 7(1)(b) of Immoral Traffic Prevention Act 1956 and Section 506(i) of IPC in Cr.No.354 of 2021, seeks anticipatory bail. 2.

The case of the prosecution is that the petitioner along with other accused persons were running a Prostitution Centre in the name of Naturopathy Massage centre at A.K.Hospital. Hence, the Law Enforcing Agency registered a case against the petitioner and other accused persons based on the complaint lodged by the de-facto complainant.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) submitted that the petitioner along with other accused persons were illegally running a Prostitution Centre in the name of Naturopathy Massage centre at A.K.Hospital and there are no previous cases pending against the

petitioner. However, he strongly opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and submissions made by the Learned Counsel for both sides, and since there is no previous case pending against the petitioner, I am inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the petitioner is granted anticipatory bail and they are 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 Judicial Magistrate, Additional Mahila Court, Salem 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 and on further condition that:

(a)if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned 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 daily at 10.30 a.m. until further orders;

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial;

(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]; and;

(h)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 20/10/2021 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, ADDITIONAL MAHILA COURT, SALEM 2 THE CHIEF JUDICIAL MAGISTRATE SALEM [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, PALLAPATTY POLICE STATION, SALEM DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.S.PATRICK Advocate on payment of necessary charges SR.No.11481 CRL OP.19314/2021 Date :20/10/2021 APN 28/10/2021