Arumugam v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/12/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Arumugam ... Petitioner/Accused No.2 Vs The State of Tamilnadu, Rep. by the Inspector of Police, Thirumangalam Town Police Station, Thirumangalam, Madurai District.

Crime No. 365/2024..

... Respondent/Complainant For Petitioner : Mr.J.Yesu Subananth, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 365 of 2024 on the file of the Respondent police. 1/5

ORDER : The Court made the following order :- The petitioner/accused who apprehends arrest at the hands of the respondent police for the offences punishable under sections 3(2)(a), 4(2)(c), 5(1)(d) and 6(1)(b) of Immoral Traffic (Prevention Act, 1956, in Crime No. 365 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the accused persons in the name of running Spa were actually running Brothel. There are totally 3 accused persons involved in this case and the petitioner is arrayed as A2 and he is the owner of the Spa.

3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent. 4.Taking into consideration of the facts and circumstances of the case and considering the fact that one victim women has already been rescued and taken to safe custody and there are no previous cases against the petitioner and A1 was already arrested in this case, this Court is inclined to grant anticipatory bail to the petitioner.

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5.Accordingly, this criminal original petition is ordered and the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thirumangalam, Madurai District, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that: [a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled.

[b] 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. [c] the petitioner shall report before the respondent police on every Monday and Friday at 10.30 a.m., for a period of 6 weeks, thereafter, as and when required for interrogation.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

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[e] the petitioner 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 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]; and; [g] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

sd/- 09/12/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (CS-I / II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO

1. The Judicial Magistrate, Thirumangalam, Madurai District

2. Do-Through The Chief Judicial Magistrate, Madurai District.

3. The Inspector of Police, Thirumangalam Town Police Station, Thirumangalam, Madurai District.

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4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.J.YESU SUBANANTH, Advocate ( SR-15153[I] dated 10/12/2024 )

ORDER

IN CRL OP(MD) No.21525 of 2024 Date :09/12/2024 RK/SKN (13/12/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5