Allowed

S.Mohideen @ Basha v. State Rep. by

Madras HC22 Apr 2024CRL OP/8632/2024

Case brief

AI extract

What is this about?

Anticipatory bail sought by the second accused in a brothel-running case under the Immoral Traffic (Prevention) Act. An earlier plea was dismissed; co-accused were arrested and bailed. The court granted anticipatory bail with conditions including daily police reporting.

What did the court decide?

Anticipatory bail granted on conditions: bond of Rs.10,000 with two sureties, daily police reporting at 10.30 a.m., no tampering with evidence/witnesses, no absconding.

S.Mohideen @ Basha Vs State Rep. by — Anticipatory Bail | Madras HC (2024)

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Crl.O.P.No.8632 of 2024

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Crl.O.P.No.8632 of 2024

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C.V.KARTHIKEYAN, J.

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The petitioner / A2 who apprehends arrest at the hands of the respondent police for the offences punishable under Section 3(2)(a), 4(1) and 5(1)(a) of Immoral Traffic (Prevention) Act, 1956 in Crime No.36 of 2023, seeks anticipatory bail.

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2.It is stated that A3 is a sister of A1. So far as this petitioner is concerned / A2, it is the case of the respondent that he is a business partner of A1.

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3.It is further stated that this petitioner/A3 and A1 had taken on rent a house at Royapettah for the purpose of running a brothel business. It is further stated that from that particular place, three victim women had been rescued.

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4.Earlier petition seeking anticipatory bail was dismissed on

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15.12.2023 in Crl.O.P.No.27032 of 2023. It is stated that A1 and A3 had

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been subsequently arrested and released on bail and the investigation has been practically completed.

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5.Taking all the factors into consideration, I am inclined to

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.8632 of 2024

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grant anticipatory bail to the petitioner with certain conditions:

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

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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 IV Metropolitan Magistrate, Saidapet, Chennai, 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

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[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 Aadhar card or Bank pass Book to ensure their identity.

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[b] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders.

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[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[d] the petitioner shall not abscond either during

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.8632 of 2024

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investigation or trial.

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[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].

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

22.04.2024

smv

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.8632 of 2024

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C.V.KARTHIKEYAN, J.

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smv

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Crl.O.P.No.8632 of 2024

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22.04.2024

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https://www.mhc.tn.gov.in/judis

S.Mohideen @ Basha v. State Rep. by

Case brief

What is this about?

What did the court decide?

S.Mohideen @ Basha v. State Rep. by

Case brief

What is this about?

What did the court decide?

What the court decided

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