Madhankannan v. State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-01-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 32504 of 2024 MADHANKANNAN S/o.Rangaraj, No.67/30, Ramalingam Road, East, R.S.Puram, Coimbatore South, Coimbatore District. Petitioner(s) Vs State Rep By, The Inspector Of Police E-1, Singanallur Police Station, Coimbatore District. Crime No.585 Of 2024 Respondent(s) For Petitioner(s):
R.Parthiban P.Narayana Prasadh P.Vignesh For Respondent(s):
Public Prosecutor
ORDER
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 ITP Act in Crime No.585 of 2024, on the file of the respondent police, seeks anticipatory bail.
1/6
2.
The case of the prosecution is that, as per the defacto complainant, on 06.12.2024, the accused persons introduced themselves to the defacto complainant that they are running a massage centre in the name of Kotakkal Ayurvedic Massage Centre and invited the defacto complainant. The defacto complainant went there and found that the accused persons under the guise of massage centre were running prostitution. Thereafter, the defacto complainant left the place and lodged complaint before the respondent police. Hence, this case.
3.
Learned counsel appearing for the petitioner would submit that petitioner is innocent and has not committed any offence and falsely implicated in this case, based on the confession of the arrested accused. He would further submit that the some of the co-accused were arrested and released on bail, further some of the co-accused were granted anticipatory bail by this Court vide order dated 13.12.2024 in Crl.O.P.Nos.31072 and 31079 of 2024. He would further submit that the petitioner is ready to produce solvent sureties and to abide by any conditions that may be imposed by this Court and also undertake to appear and co-operate for the investigation, therefore, he prayed for the grant of anticipatory bail to the petitioner. 2/6
4.
Learned Government Advocate (Crl. Side) appearing for the respondent police opposed for granting of anticipatory bail to the petitioner, stating that the petitioner along with other accused persons had involved in running prostitution under the guise of ayurvedic massage centre. He would further submit that the petitioner has no previous case and the co-accused were arrested and released on bail.
5.
Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record including the FIR. 6.
Taking note of the facts and circumstances of the case, the submissions made by the learned counsel on either side and considering the fact that the petitioner has no previous case, this Court is 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 Judicial Magistrate 3/6
Court -III, Coimbatore on condition that the petitioner shall execute a separate 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, failing which, the petition for anticipatory bail shall stand dismissed 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 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 4/6
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 absconds, a fresh FIR can be registered under Section 269 of B.N.S.
08.01.2025 stn To
1. State Rep By, The Inspector Of Police E-1, Singanallur Police Station, Coimbatore District. Crime No.585 Of 2024 5/6
A.D. JAGADISH CHANDIRA, J.
stn Crl.O.P. No.32504 of 2024 08.01.2025 6/6