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2024 Supreme(Online)(Mad) 64787
IN THE HIGH COURT OF JUDICATURE AT MADRAS
B.Pugalendhi, J
Raja Murrugan – Appellant
Versus
The Superintendent of Police, Nagercoil, Kanyakumari District – Respondent
CRL OP(MD) No.9399 of 2024|WP(MD)No.13963 of 2024
For the Appellants/Petitioners: Mr.K.H.Raja Murrugan Party-in-person
For the Respondents:Mr.E.Antony Sahaya Prabahar Addl.Public Prosecutor [for respondents, except R2 in CrlOP]
The operation of a trust providing sexual services is illegal, particularly involving minors, highlighting that consent does not justify exploitation or the commissioning of unlawful acts within a profession meant to uphold society's laws.
Headnote:(A) Immoral Traffic (Prevention) Act, 1956 - Sections 3(2)(a), 4(2)(a), 5(1)(a), 7(1)(a); Indian Penal Code - Sections 366 (A), 342; Protection of Children From Sexual Offences Act, 2012 - Sections 5(1), 11(6), 12, 13(b), 14(1), 6, 7, 8 - Quashing of FIR - Petitioner seeks to quash FIR under several charges linked to alleged sexual exploitation and running a brothel under the guise of a registered trust - Court affirms that exploitation of a minor girl and the operation of a sex-related business by a person claiming to be an advocate are violations of law. (Paras 5, 17, 18)
(B) Legal Profession - Public perception and ethics - The court expresses deep concern over the erosion of the reputation of advocates due to criminal behavior by members of the profession - Emphasizes the noble nature of the legal profession and its role in societal wellbeing. (Paras 13, 20)
(C) Judicial Review - Scope - The petitioner's argument for a writ of mandamus to allow operations of the trust was denied due to the serious nature of the allegations and subsequent investigative findings. (Paras 23)
Facts of the case:
The petitioner operated a trust engaged in controversial sexual services, claiming protection under constitutional rights, but faced arrest for serious criminal offenses concerning the exploitation of a minor.
Findings of Court:
The Court found the petitioner had acted unlawfully, exploiting vulnerabilities and running an illicit operation while invoking the legal profession's noble status to shield such activities.
Issues: The primary issues revolved around the legality of the trust's activities, the treatment of the victim, and the justification for police actions.
Ratio Decidendi: The court ruled that while consensual sex exists, running a brothel remains illegal under the relevant laws, and the exploitation of minors cannot be condoned, regardless of a claim to legal immunity.
Result: Both the criminal original petition and writ petition are dismissed with costs.
| Table of Content |
|---|
| 1. factual basis of the petitions and arrests. (Para 4 , 5 , 10) |
| 2. petitioner's claims and legal references. (Para 6 , 7 , 8) |
| 3. court's reflections on the legal profession and implications. (Para 13 , 14 , 15 , 16) |
| 4. adverse effects on public perception and regulation of legal professionals. (Para 18 , 19 , 20 , 21) |
| 5. final ruling and dismissal of both petitions. (Para 22 , 23 , 24) |
Prayer in CrlOP(MD)No.9399 of 2024 : Petition filed under Section 482 Criminal Procedure Code to call for records pertaining to the case in crime No.15 of 2024 dated 17.02.2024 on the file Nesamani Nagar Police Station, Kanyakumari District and quash the same insofar as the petitioner in concerned.
Prayer in WP(MD)No.13963 of 2024: Petition filed under Article 226 of Constitution of India for a writ of mandamus 1) directing the 1st respondent not to disturb the trust and its functions to function 24 hours in Nagercoil for providing the services of volunteer sex between adult and with consent of male to male, male to female and LGBTQ to any, female to female, counselling, oil bath for 18 plus for both male and female, consensual sexual activity for both men and women either through sex workers or members volunteering on their own, meeting and get together for its members, Matrimony/living together services and pre-marital sex and open new branches anywhere in Tamil Nadu and India and function and also not to file any false cases on trustee or demand the trust to pay money to function normally & (2) to direct the 1st respondent to give compensation of Rs.5 Lakh to the petitioner for the loss happened for the last 5 months in not able to run the trust and provide its service to its members and public people got frustrated mentally and physically and the trust is in debt of Rs.2 lakh as rent is not paid and maintenance of the building was not done for the past 5 months.
COMMON ORDER
The writ petition is filed seeking a writ of mandamus 1) directing the 1st respondent not to disturb the trust and its functions to function 24 hours in Nagercoil for providing the services of volunteer sex between adult and with consent of male to male, male to female and LGBTQ to any, female to female, counselling, oil bath for 18 plus for both male and female, consensual sexual activity for both men and women either through sex workers or members volunteering on their own, meeting and get together for its members, Matrimony/living together services and pre-marital sex and to open new branches anywhere in Tamil Nadu and India (2) sought for a diectios as against the police not to file any false cases (3) to direct the 1st respondent to give compensation of Rs.5 Lakh to the petitioner for the loss happened for the last 5 months in not able to run the trust and provide its service to its members.
2.The criminal original petition in CrlOP(MD)No.9399 of
024 is filed to quash the FIR in Crime No.15 of 2024 on the file of the respondent Police.
3.Since the petitioner in both cases are one and the same, both these petitions are taken up together and disposed of by this common order.
4.The case of the petitioner is that he is the founder of the trust namely Friends For Ever Trust, it is duly registered and its registration number is Reg.No.147 of 2022 having office at Nagercoil. The main object of the trust is to promote adult recreation and other related activities. They are providing oil bath and sex related services to its members and its customers. The Inspector of Police, Nesamani Nagar Police Station, Nagercoil has conducted a search in the petitioner's trust premises on 17.02.2024, arrested the petitioner and registered the case in Crime No.15 of 2024 for the offence under Sections 3 (2)(a), 4(2)(a),5(1)(a) and Sections 7 (1)(a) of the Immoral Traffic (Prevention) Act, 366 (A) and 342 IPC, Sections 5 (1), 11(6), 12, 13(b), 14(1), 6, 7, 8 of Protection of Children From Sexual Offences Act, 2012 .
5.The petitioner was arrested and remanded into judicial custody on 17
