Allowed

Mohammed v. State Rep. by

Madras HC12 Apr 2024CRL OP/8950/2024

Case brief

AI extract

What is this about?

Owner of an ayurvedic clinic and saloon apprehended arrest for immoral trafficking offences after four victims were rescued from his premises; his earlier anticipatory bail application had been dismissed. The court granted anticipatory bail on conditions including daily police reporting and execution of a bond with sureties.

What did the court decide?

Anticipatory bail granted on Rs.10,000 bond with two like sureties, subject to daily reporting to respondent police at 10.30 a.m. and other conditions.

Mohammed Vs State Rep. by — Anticipatory Bail | Madras HC (2024)

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Crl.O.P.No.8950 of 2024

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Crl.O.P.No.8950 of 2024

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C.V.KARTHIKEYAN,J.

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The petitioner/first accused who apprehends arrest at the hands

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of the respondent police for the offence punishable under Section 3(2)(a), 4(1), 5(1)(a) of Immoral Traffic (Prevention) Act, 1956 in Crime No.566 of 2023, seeks anticipatory bail.

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It is stated that the petitioner is the owner of the Lotus Ayurvedic and Saloon at Salem Road at Krishnagiri Town. When the respondent went over there, they found four lady victims, who had been rescued. The second accused is the Manager and the petitioner is the owner.

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The learned counsel for the petitioner stated that without knowledge of the petitioner, the second accused was conducting immoral activities at the place. That itself is an admission that immoral activities were actually conducted in the said place.

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Page 1 of 4

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

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Crl.O.P.No.8950 of 2024

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The earlier application seeking Anticipatory Bail was dismissed

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by this Court on 20.02.2024 in Crl. O.P.No.2712 of 2024. One change in circumstance is progress in investigation.

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Taking all the factors into consideration, the petitioner is 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 Additional Mahila Court, Krishnagiri, 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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Page 2 of 4

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

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Crl.O.P.No.8950 of 2024

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[b] the petitioner shall report before the respondent police daily at

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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 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.

12.04.2024

gsa

Page 3 of 4

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

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Crl.O.P.No.8950 of 2024

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C.V.KARTHIKEYAN,J.

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gsa

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Crl. O.P. No.8950 of 2024

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12.04.2024

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Page 4 of 4

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

Mohammed v. State Rep. by

Case brief

What is this about?

What did the court decide?

Mohammed v. State Rep. by

Case brief

What is this about?

What did the court decide?

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