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Madras High CourtCRL OP/25253/2023dismissed

Chacko Biju@Biju v. Inspector Of Police

2023-11-06Honourable Mr Justice C.V. Karthikeyan3 pages

C.V.KARTHIKEYAN,J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 3(2)(a), 4(2)(c) and 5(1)(d) of Immoral Traffic (Prevention) Act, 1956 in Crime No.645 of 2023 seeks anticipatory bail.

2. The learned Government Advocate (Criminal Side) stated that the defacto complainant in his complaint lodged on 13.10.2023 stated that when he came on Avinasi Road and a lady had accosted him and led him, to a lodge in the name of Jasmine Ayur Salon and Spa where it was stated that the petitioner is the owner and where prostitution was also being undertaken.

3. The learned counsel for the petitioner stated that the petitioner is an innocent person and he has not committed any offence as alleged in the FIR. He also stated that the petitioner is only the manager of the said place.

4. On the side of the respondent, the learned Government Advocate (Criminal Side) stated that A1 who was the actual Manager had been arrested and granted bail.

5. The learned counsel for the petitioner also pointed out that a learned Single Judge of this Court had granted permission for running of the spa in W.P.No.27972 of 2023 in an order, dated 26.09.2023 and he further stated that the said writ petition had been filed by one M.Sekar. But unfortunately, the name of the petitioner herein has been stated in the FIR. Further investigation will have to be done whether the petitioner is the owner or the lessee or the Manager or the lessor.

6. In view of these facts, the anticipatory bail will not lie. Accordingly, this Criminal Original Petition stands dismissed. 06.11.2023 mkn2/sli

C.V.KARTHIKEYAN,J.

mkn2/sli 06.11.2023