Bavani v. State of Tamilnadu Rep by Inspector of Police, Kumbakonam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/03/2026 PRESENT The HONOURABLE MR. JUSTICE K.K.RAMAKRISHNAN

¶1Bavani

2.Manikandan @ Sivamani ... Petitioners/Accused No.1&2 Vs State of Tamilnadu Rep by The Inspector of Police, Kumbakonam Taluk Police Station, Thanjavur District. ... Respondent/Complainant For Petitioners : Mr.S.Gurumoorthy, Advocate. For Respondent : Mr.B.Nambi Selvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :-For Bail in Crime No.64/2026 on the file of the respondent police ORDER : The Court made the following order :-

The petitioners, who were arrested and remanded to judicial custody on 13.02.2026 for the offences punishable under Sections 3(1), 3(2)

(a), 4(1), 5(1)(a) of Immoral Traffic (Prevention) Act, 1956, on the file of the respondent police, seek bail.

¶2The case of the prosecution is that on

11.02.2026 at 02.00 p.m, based on a secret information from the informant, the respondent police made search in the occurrence place and found that the petitioners committed the offence under Immoral Trafficking Act. Hence, they registered a case against the petitioners for the offences under Sections 3(1), 3(2)(a), 4(1), 5(1)

(a) of Immoral Traffic (Prevention) Act, 1956, and arrested and remanded them on 13.02.2026. Hence, the complaint.

¶3The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are in judicial custody from 13.02.2026 and no previous case is pending against them. Hence, he seeks bail to the petitioners.

¶4The learned Additional Public Prosecutor fairly conceded that the petitioners have no previous case. However, considering the nature of offence, he opposed for grant of bail to the petitioners.

¶5Considering the fact that the petitioners have no antecedent and also considering the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

¶6Accordingly, the petition is allowed and the petitioners are ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Kumbakonam, and on further conditions that :- [a] the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity. [b] the petitioners shall report before the respondent police daily at

10.30 a.m for a period of 15 days and and thereafter, as and when required for interrogation; [c] the petitioners shall not tamper with the evidence or witness either during investigation or trial. [d] the petitioners 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 is 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(K K R K J)

03.03.2026 dss K.K.RAMAKRISHNAN,j., dss TO

1.The Judicial Magistrate No.II, Kumbakonam.

2.The Officer-in-Charge, Special Prison for Women Trichy.

3.The officer-in-charge, Trichy Central Prison.

4.The Inspector of Police, Kumbakonam Taluk Police Station, Thanjavur District.

¶5The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.4718 OF 2026 Date : 03/03/2026