Ravi Kalishwaran Alias Kalishwaran v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/11/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Ravi Kalishwaran @ Kalishwaran ... Petitioner/3rd Accused Vs The Inspector of Police, Inamkulathur Police Station, Trichy District.
Crime No. 60 of 2024 ... Respondent/Complainant For Petitioner :
Mr.P.Sivachandran, Advocate.
For Respondent :
Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 60 of 2024 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioner/accused No.3, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 3(2)(a), 4(1) and 4(2)(c) of Immoral Traffic (Prevention) Act, 1956 and Section 143 of BNS, 2023, in Crime No.60 of 2024 on the file of the respondent police, seeks anticipatory bail. 1/4
2. The case of the prosecution is that A1 and A2 were running a spa centre and forcing three girls for prostitution. The petitioner is A3 and he is the owner of the property.
3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent Police.
4. Taking into consideration the facts and circumstances of this case and considering the fact that the victim girls have already been taken to safe custody and also considering the fact that the petitioner was the owner of the property and the said spa centre was run by A1 and A2 and there are no previous cases against this petitioner, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions.
5. Accordingly, 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 NO.III, Trichy, 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: 2/4
[a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [b] the petitioner shall report before the respondent police as and when required for interrogation;
[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 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; [f] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 25/11/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
SM 3/4
TO 1 THE JUDICIAL MAGISTRATE NO.III, TRICHY.
2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE, INAMKULATHUR POLICE STATION, TRICHY DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.20442 of 2024 Date :25/11/2024 RS/VR/SAR-(05.12.2024) 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4