Baskaran v. State Of Tamilnadu Rep By Inspector Of Police, Velayuthampalayam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 09.03.2026

CORAM

The HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN CRL OP(MD)No.4963 of 2026 Baskaran ... Petitioner Vs.

The State of Tamil Nadu, Through the Inspector of Police, Velayuthampalayam Police Station, Karur District.

(Crime No.40 of 2026) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 482 of BNSS @ 438 of Cr.P.C., to enlarge the petitioner on bail in the event of arrest in respect of Crime No.40 of 2026 on the file of the Velayuthampalayam Police Station, Karur District pending investigation. For Petitioners : Mr.B.Mahendrarajan For Respondent : Mr.P.Kottai chamy Government Advocate (Crl.Side) 1/6

ORDER:

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 3(1), 4(1), 5(1)(d) of ITP Act, in Crime No.40 of 2026, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 26.01.2026 at about 01.00 p.m., the respondent police received information and conducted a search in a house situated on the second floor opposite the market at Velayuthampalayam. During the search, it was found that the accused had rented the said house for the past two months and were allegedly involving women from poor families in prostitution. Three victims were rescued from the said house and the second accused was arrested. Based on the same, the respondent police registered a case in Crime No.40 of 2026 against the petitioner. 3.The learned counsel appearing for the petitioner submitted that the petitioner is the owner of the said house and that he had rented the premises to A2. It is submitted that A2 alone committed the alleged offences and that the petitioner had no knowledge about the activities carried on in the said premises 2/6

under the provisions of the Immoral Traffic (Prevention) Act, 1956. Hence, he seeks the grant of anticipatory bail.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police, on instructions, submitted that the petitioner had knowledge about the aforesaid illegal activities carried on in the premises and that the offences alleged are serious in nature. Therefore, he strongly opposed the grant of anticipatory bail to the petitioner.

5.This Court has considered the rival submissions made by the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent and perused the materials available on record.

6.Even as per the version of the arrested accused, it is stated that the petitioner was initially reluctant to rent out the house and that the accused had made false representations to the petitioner for obtaining the premises. Considering the said circumstances and the facts of the case, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 3/6

7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on condition that the petitioner shall execute a 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 Learned Judicial Magistrate No.II, Karur, within a period of fifteen days from the date on which the order made ready and on further conditions 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 Aadhaar card or bank pass book to ensure their identity. [b]the petitioner shall report before the respondent police as and when required for interrogation.

[c]the petitioner shall not tamper with the 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 is 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 4/6

[(2005)AIR SCW 5560].

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

09.03.2026 sbn TO 1.Judicial Magistrate No.II, Karur.

2.Inspector of Police, Velayuthampalayam Police Station, Karur District.

3.The Additional Public Prosecutor, Madurai Bench Of Madras High Court, Madurai.

5/6

K.K.RAMAKRISHNAN,J sbn Crl.O.P.(MD) No.4963 of 2026 09.03.2026 6/6