Usmankhan v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03.06.2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI

1. Usmankhan

2. Rajesh @ Rajendran ... Petitioners/ Accused Rank Not Known Vs.

The State of Tamil Nadu, Rep. by, the Inspector of Police, Srirangam Police Station, Trichy City.

Crime No.273 of 2025. ... Respondent/Complainant For petitioners :Mr.K.M.Karunakran, Advocate.

For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Cr.No.273 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/Accused Rank Not Known, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 3(2)(a), 4 (1), 4(2)(c) of Immoral Traffic (Prevention) Act, 1956 read with Section 143 of The Bharatiya Nyaya Sanhita (BNS), 2023 in Crime No.273 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the de facto complainant Manikandan that the petitioners along with other accused were indulged in prostitution at Silver Lodge and on 16.03.2025, While he was returning home from work, the accused persons asked the defacto complainant to come and demanded money. Hence the case.

3. The learned counsel for the petitioners would submit that based on the confession statement of co-accused, the petitioners were falsely implicated in this case. The petitioners are innocent and they have not committed any offence as alleged by the prosecution. Hence, he seeks anticipatory bail. 4.

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4. The learned Government Advocate (Crl. Side) would submit that totally there are 5 accused in this case and FIR has been registered against 3 accused and based on the confession statement of the 1st accused, the petitioners name have been implicated in this case. He would further submit that the co-accused persons were released on bail by the learned Principal District Judge, Trichy and no previous case pending against the petitioners. However, he objected to grant anticipatory bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and also the fact that considering the fact that since the FIR has been registered on 17.03.2025 and by this time, most of the investigation might have been completed and the coaccused were already released on bail, this court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

6. Accordingly, the petitioners 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, Srirangam on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each 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, 3/6

failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

(a)the petitioners 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 petitioners shall furnish his residential address and mobile number to the learned District Munsif cum Judicial Magistrate, Srirangam. If the petitioners changes their residential address, they shall report the same to the concerned Court. (c)the petitioners shall report before the respondent police daily twice at 10.30 a.m and 5.30 p.m., until further orders;

(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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] and; 4/6

(g)if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 03/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

MAC TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, SRIRANGAM.

2 THE CHEIF JUDICIAL MAGISTRATE SRIRANGAM.

3 THE INSPECTOR OF POLICE, SRIRANGAM POLICE STATION, TRICHY CITY.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to K.M.KARUNAKARAN Advocate SR.No.5881 (I) DT.03/06/2025 5/6

ORDER

IN CRL OP(MD) No.6539 of 2025 Date :03/06/2025 NM/10.06.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6