Annaivel v. State Rep. By

Orders reserved on 11.03.2024 Orders pronounced on 20.03.2024 RMT.TEEKAA RAMAN, J.

The Petitioner/A1 who apprehends arrest at the hands of the Respondent police for the alleged offence punishable under Sections 3(2)(a), 3(2)(b), 4(1) & 5(1)(a) of Immoral Traffic (Prevention Act) and 370 of IPC in Crime No.310 of 2023 on the file of the Respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the Petitioner along with other accused was running brothel by engaging two victims and the victims have been secured by the Respondent Police. Hence the complaint. 3.Heard the learned counsel for the Petitioner, learned Government Advocate (Crl. Side) and perused the entire materials available on record.

4.Learned counsel for the Petitioner submitted that the Petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that A2 in this case has already been granted bail and hence, he prayed for grant of anticipatory bail to the Petitioner. He further relied upon the order passed by this Court in WP.No.29995 of 2018 & 1/ 4

31320 of 2018 dated 02.04.2019 contended that the procedures were not followed as contemplated under Section 15(2) of the Immoral Traffic (Prevention) Act.

5.Learned Government Advocate (Crl. Side) submitted that the coaccused was already released on bail by order of this Court in Crl.OP.No.18360 of 2023 dated 11.08.2023.

6.Taking into consideration the submissions made by both the parties, in particular, the submission of the learned Government Advocate (Crl. Side) that the co-accused was already released on bail, I am inclined to grant anticipatory bail to the Petitioner with certain conditions. 7.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 on which the order copy made ready, before the learned District Munsif cum Judicial Magistrate, Keelvellore, on condition that the Petitioner shall execute a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five 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, failing which, the petition for anticipatory bail shall stand dismissed and on further 2/ 4

condition that:

[a] 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;

[b] the Petitioner shall report before the Respondent Police, everyday at 10.30 a.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 229A IPC.

20.03.2024 sai 3/ 4

RMT.TEEKAA RAMAN, J.

sai Pre-delivery Order in Dated 20.03.2024 4/ 4