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Madras High CourtCRL OP/30228/2022granted

Senthamilselvan @ Tamilselvan v. The State Rep By Its,

2022-12-08Honourable Mrs Justice T.V.Thamilselvi4 pages

T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest for the alleged offence under Section 3(2)a, 4(1), 5(1)a, 6(1), 7(1) of Immoral Traffic Prevention Act in Cr.No.9 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that when the police was monitoring online flesh trade through Locanto application, they found an advertisement in the application that there were females for prostitution. Thereafter, the police contacted them through the said number and went to the spot and arrested the accused persons. Hence, the case. 3.The learned counsel appearing for the petitioner submits that he is an innocent person and he has been falsely implicated in this case. He would submit that A4, A5 and A6 have been granted bail. Hence, he prays to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner and other accused were running

prostitution by engaging women victims. He would submit that six victims have been secured. However, there is no previous case pending against the petitioner

5. Considering the facts and circumstances of the case and that there is no previous case pending against the petitioner and that co-accused have been granted bail, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, the petitioner is ordered to be released on anticipatory 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 IV Metropolitan Magistrate, 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 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 Court concerned 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 Wednesday at 10.30 a.m. for a period of eight weeks and thereafter, appear before the trial Court on all hearing dates.

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

08.12.2022 anu

T.V.THAMILSELVI, J.

anu 08.12.2022