IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Bail Appl..No. 9423 of 2011() ----------------------------- AGAINST THE ORDER IN BA.7569/2011 Dated 27/09/2011 CRMP.2731/2011 of J.M.F.C. - I, PARAVUR Crime No.549 of 2011 of Varapuzha Police Station, Ernakulam District. .................... PETITIONERS/ACCUSED --------------------------------------- 1. PUSHPAVATHI, D/O.KRISHNAKULAL, ARJUANGULI VEETTIL, ARJUNGULI KARA, MADHOOR PATLA VILLAGE, KASARAGOD DISTRICT. 2. VINOD KUMAR, S/O.GOPALAN, RAMAPURATHKOZHUVAN HOUSE, PATIYOTTICHAL KARA, CHERUPUZHA VILLAGE, PAYYANNUR, KANNUR DISTRICT. BY ADV. SRI.P.A.MUJEEB RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SR.P.P.SRI.C.RASHEED THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------- B.A.No.9423 of 2011 ------------------------------- Dated this the 22nd day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.7 and 8 in Crime No.549 of 2011 of Varapuzha Police Station, Ernakulam District. 2.The offences alleged against the accused are under Sections 366A, 372, 373, 354, 376 and 109 read with Section 34 of the Indian Penal Code. 3. The prosecution case is the following: On 4.8.2011 at 9.30 P.M., the Circle Inspector of Police, North Parur received information that immoral activities are going on in a house at Olanadukara, within the limits of Varappuzha Police Station. The Circle Inspector and party went to the spot. They found the victim, Binil and Jayarajan Nair engaged in immoral activities in the house. B.A.No. 9423 OF 2011 2 They were arrested. Crime No.549 of 2011 was registered for the offences under Sections 3 and 4 of the Immoral Traffic Prevention Act. At that time, the police was under the impression that the victim in the present case was also an accused involved in the offence under the Immoral Traffic Prevention Act. Investigation revealed that the victim girl was subjected to flesh trade even at the time when she was studying in the 10th standard by none other than her sister and brother-in-law with the connivance of the victim's father and mother. Investigation also revealed that the first accused Sobha John procured the victim girl by purchase from Kasaragod and the girl was taken to several places and she was subjected to sexual intercourse by the various accused persons. The father, mother, sister and brother-in-law of the victim are also made accused in the case. Among the array of accused, there are assistants, aides and confidants of Sobha John and persons who are involved in the sex racket and also customers. The victim girl is at present in the Child Welfare Home. 4. The petitioners are the sister and brother-in-law of the victim girl. The petitioners are responsible for the victim being thrown to the flesh trade. The petitioners were arrested on B.A.No. 9423 OF 2011 3 25.8.2011 and they were remanded to judicial custody. 5. The petitioners filed B.A.Nos.7569 of 2011 and 8988 of 2011, which were dismissed by the orders dated 27.9.2011 and 4.11.2011 respectively. 6. The allegations against the petitioners are grave in nature. The investigation is going on. I am not inclined to grant bail to the petitioners at this stage, in view of the peculiar facts and circumstances of the case. If the petitioners are released on bail, it is most likely that they would intimidate and influence the witnesses and tamper with the evidence. The petitioners are part of a powerful sex racket and it is not at all safe to release the petitioners on bail while investigation is pending. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE. cms