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2026 DAILYLAW 59573 (MAD)

Mufthaj @ Ajbai v. The State Rep by

CRL OP/22487/2026 · 2026-08-20

N Ramesh

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 22487 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH CRL OP No. 22487 of 2026 Mufthaj @ Ajbai S/o. Muhammed, No.22, Shanmuga Nagar, Raja Mariamman Kovil Pinpuram, Dadagapatti, Salem South, Salem - 636 006. ..Petitioner(s) Vs The State Rep by The Inspector of Police, Fairlands Police Station, Salem. Crime No.148 of 2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on Bail in Crime No.148 of 2026 on the file of the respondent police and thus render justice For Petitioner(s): M/s. V.Sriram For Respondent(s): Mr.M.M.I.Khaleel, Govt.Advocate (Crl.Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 25.07.2026 for the alleged offence under Sections 3(1), 4(1), 5(1)(d), 7(1)(a) of ITP Act of 1956, in Crime No.148 of 2026 on the file of the respondent police, seeks bail. https://www.mhc.tn.gov.in/judis CRL OP No. 22487 of 2026 __________ Page2 of 5 2. The allegation against the petitioner is that the massage centre was being used for prostitution under the guise of a spa, and that the petitioner along with other accused, was involved in organising and facilitating the said activities for monetary consideration. 3. The learned counsel appearing for the petitioner submitted that the petitioner has been arrested and remanded to judicial custody since 25.07.2026 and that he has no way connected with the alleged offence. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner. 4. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the petitioner is arrayed as A5 and had facilitated the alleged offence by advertising and promoting the said call center on Instagram. He further submitted that the petitioner has no previous case pending against him. Hence, he strongly opposed to grant of bail to the petitioner. 5. I have given my anxious consideration to either side submissions and perused the materials available on record. 6. Considering the submissions made by the learned counsel on either https://www.mhc.tn.gov.in/judis CRL OP No. 22487 of 2026 __________ Page3 of 5 side and the facts and circumstances of the case, particularly the role attributed to the petitioner as A5 and the allegation that he promoted the alleged activities through Instagram, and also taking note of the fact that he has no previous case and considering the period of incarceration already undergone by the petitioner, this Court is inclined to grant bail to the petitioner, subject to certain conditions. 7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate Additional Mahila Court, Salem, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with https://www.mhc.tn.gov.in/judis CRL OP No. 22487 of 2026 __________ Page4 of 5 law as if the aforementioned 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)13 SCC 283]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 20-08-2026 DRL Note: 1. Registry is directed to forthwith upload this order in the Official Website of this Court. 2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. To 1.The Judicial Magistrate Additional Mahila Court, Salem. 2. The Inspector of Police, Fairlands Police Station, Salem. 3.The Superintendent, Central Prison, Salem. 4,The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 22487 of 2026 __________ Page5 of 5 N.RAMESH, J. DRL CRL OP No. 22487 of 2026 20-08-2026 https://www.mhc.tn.gov.in/judis