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Madras High CourtCRL OP/34445/2025granted

Kanchana v. State Rep. By Inspector Of Police

2025-12-16Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-12-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Kanchana Petitioner(s) Vs State rep. by Inspector of Police Anti-Vice Squad-1, Chennai District.

Crime No. 34 of 2025 Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of BNSS Act, 2023, praying to enlarge the petitioner bail in the event of the arrest in connection with the Crime. No. 34 of 2025 on the file of respondent police. For Petitioner :

Mr.T.Balachandran For Respondent(s):

Ms.J.R.Archana Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 4(1) and 5(1)(a) of Immmoral Traffic (Prevention) Act, 1956 in Crime No.34 of 2025, seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner joined hands with two other accused was running a brothel house by forcing four victims. Based on the information, the police inspected and conducted an investigation, and arrested three persons, and two other persons are absconding. The petitioner is ranked as A2.

3. The learned counsel for the petitioner submitted that the petitioner has no previous cases, and the petitioner being a lady, and the victims have been secured. Hence, prayed to grant anticipatory bail to the petitioner. 4.The Government Advocate(Crl.Side) appearing for the respondent police reported that the petitioner is ranked as A2, A1 is absconding, and A3 was arrested and still in custody. He further submitted that 4 victims have been rescued. Hence, he opposed granting bail to the petitioner. 5.This Court has earlier dismissed the anticipatory bail application of the petitioner dated 03.11.2025 in Crl.OP No.29754 of 2025 on the ground that A1 is absconding and the petitioner is also actively involved in the offence. It is now submitted that A1 in this case has been arrested and the petitioner is also not having any previous cases. Considering the fact that the petitioner is being a lady, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event

of arrest or on her appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Metropolitan Magistrate No.4, Saidapet, Chennai District, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

(c) The petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions 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 v. State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

16-12-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.State rep. by Inspector of Police Anti-Vice Squad-1, Chennai District.

Crime No. 34 of 2025 2.The Metropolitan Magistrate No.4, Saidapet, Chennai District.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 34445 of 16-12-2025