Mohammed Javith v. State Rep By

A.D.JAGADISH CHANDIRA , J.

Apprehending arrest in connection with Crime No.452 of 2024 registered for the offences punishable under Sections 3(1), 3(2)(a), 4(1) and 5(1)(a) of Immoral Traffic (Prevention) Act, 1956 the present petition has been filed seeking anticipatory bail.

2. Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He would submit that the petitioner has been implicated based on the confession of the arrested accused. He would further submit that other than the owner of the building, the petitioner has nothing to do with the alleged offence and that the premises has been used without the knowledge of the petitioner. He would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this court.

3. The case of the prosecution, as putforth by the learned Government Page No.1 of 4

Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that when the respondent has conducted a raid on 23.11.2024 at Building No.12A, Thandiya Nagar, during such time, they have found that the accused under the guise of running Spa, were indulging prostitution. He would further submit that there are totally 4 accused and the petitioner is arrayed as A1, who is the owner of the building. He would He would submit that there is no previous case against the petitioner.

4. Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, and taking into the fact that there is no previous case pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly, he 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, Ambattur on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties for a like sum to the satisfaction of the Page No.2 of 4

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 fails to surrender before the said Magistrate within a period of fifteen days, 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 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 everyday at 6.30 p.m., for a period of two weeks and thereafter, on every Saturday 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 Page No.3 of 4

[(2005)AIR SCW 5560];

A.D.JAGADISH CHANDIRA , J.

mac [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

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