IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3384 OF 2009 Kuberchand Nanakchand Agarwal ..... ..... ...Applicant V/s The State of Maharashtra ..... ..... ...Respondent. Mr.H.H.Ponda, Sr. Adv. i/by P.R.Dave & Sacind P. Dalvi, Adv. for the applicant. Mr.H.J.Dedhia, APP for the Respondent. CORAM: A.P.DESHPANDE, J. 6th August, 2009. PC: Apprehending arrest in LA No.00/09 of Social Service Branch (Kandivli police station) for the offence punishable under sections 3, 4, 5 and 7(1)(b) of Prevention of Immoral Traffic Act, 1956 (PITA Act) the present application has been filed for grant of anticipatory bail. According to the applicant he is a proprietor of guest house by name Ellora Guest House situated at M.G.Road, Borivli (E), Mumbai. It is stated that the applicant is carrying on the said business for the last about 40 years and there has been no complaint whatsoever against the applicant in regard to the offence under the PITA act. On 4.5.09 officers of the respondent raided one Amarpali Bar and Restaurant where in they found that prostitution business is being carried on at the said bar and restaurant. It was further learnt that customers selected the girls for prostitution at the said place and thereafter they were taken to the applicant’s guest house which is situated at Borivli. On the basis of said information the respondent arrested the manager and waiter from the guest house of the applicant and after initial custody they are released on bail. Applicant has been shown as an accused in the said case and hence apprehends arrest. Learned APP candidly admits that there are no criminal antecedents of the 1 present applicant. It is also pointed out by the learned counsel for the applicant that definition of Brothel under the PITA act postulates two or more prostitutes where as in the present case only one girl aged about 28 years was apprehended. Having regard to the facts and circumstances in my view this is a fit case for grant of anticipatory bail. Hence I pass the following order: In the event of arrest of the applicant Kuberchand Nanakchand Agarwal in LAC No.000/09 of Social Service Branch (LA No.39/09) of Kandivali police station for the offence punishable under sections 3, 4 5 and 7(1)(b) of PITA Act, he shall be released on bail on executing bond in the sum of Rs.25,000/- with one or more sureties in the like amount. The applicant shall attend the Social Service Branch, Mumbai on every Saturday between 6.00 to 8.00 p.m. for a period of four weeks. Applicant shall abide by the conditions stipulated in Section 438 (2) of the Code of Criminal Procedure. Application stands disposed of. 6.8.2009. 2