Narayanamoorthy Vs State by its Sub Inspector of Police

PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest pending investigation in Crime No.194 of 2025 on the file of the respondent police.

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For Petitioner : Mr.K.G.Senthil Kumar For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)

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O R D E R

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The petitioner apprehends arrest for the alleged offence under Sections

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3(2)(a), 3(2)(b) and 4(1) of Immoral Traffic (Prevention) Act, 1956 in Crime No.194 of 2025, on the file of the respondent police seeks anticipatory bail.

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The allegation against the petitioner is that the petitioner was

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

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involved in running a brothel house and on information, the respondent party went to the premises, however all the persons who stayed there in the premises were ran away and on inspection of rooms, certain condoms were recovered, based on which FIR was registered. Further investigation revealed that the petitioner had taken the premises on lease. Hence, a case has been registered.

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The learned counsel for the petitioner submitted that the petitioner has already filed Crl.O.P.No.32624 of 2025 challenging the authority of officer who conducted the search and inspection in this case, and this Court has granted stay of filing the final report. He further submitted that no one was rescued from the premises and that the case was registered purely on suspicion and that co-accused in this case already released on anticipatory bail by this Court in Crl.O.P.No.35103 of 2025, dated 02.01.2026. Hence, he prays to grant anticipatory bail to the petitioner.

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The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution's case and upon instructions submitted that the petitioner is ranked as A2 and that he is the owner of the premises. However, she opposed to grant anticipatory bail to the petitioner.

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5. Considering the facts and circumstances of the case; and taking note of the submissions made by the learned counsels on both sides; and the fact that no one was rescued; and no one was taken into custody from the

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premises; and that the allegation against the petitioner is only that he is the owner of the premises and also the co-accused in this case already granted anticipatory bail by this Court, this Court is inclined to grant anticipatory bail to the petitioner subject to certain conditions.

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6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Sholingur, Ranipet District, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand

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only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

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(a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

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(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial

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K.RAJASEKAR, J.

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ssi

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Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

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(c) The petitioner shall report before the respondent Police everyday at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation;

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(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

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(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

11.02.2026

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To

1.The Judicial Magistrate, Sholingur, Ranipet District. 2.The Sub-Inspector of Police, Kondapalayam Police Station, Kondapalayam, Ranipet District.

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3.The Public Prosecutor, High Court of Madras.