IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 Bail Appl..No. 9442 of 2011() ----------------------------- IN CRIME NO.549/2011 OF VARAPPUZHA POLICE STATION PETITIONER(S):/ACCUSED NO.44 -------------------------------------------- ABDUL KHADER, AGED 55, S/O.LATE MAMMU, H.N.115, ENGINEERS COLONY, MOOLAPPADAM KARA, VAZHAKALA VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.B.RAMAN PILLAI RESPONDENT(S): COMPLAINANT -------------------------------------------------- STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. C. RASHEED THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DS K.T.SANKARAN, J. --------------------------------- B.A.No. 9442 OF 2011 --------------------------------- Dated this the 24th day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.44 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 B.A.No. 9442 OF 2011 2 activities in the house. 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 allegation is that the petitioner went along with B.A.No. 9442 OF 2011 3 accused No.45 Sathar to the house of accused No.1 Sobha John at Kakkanad, and at her house, the petitioner sexually abused the victim girl. The petitioner was arrested on 28.10.2011 . 5. In the connected cases where the so-called customers were detained in judicial custody, bail was granted to them only after completion of about 60 days in judicial custody. 6. If the petitioner is released on bail at this stage, it would adversely affect the proper and smooth investigation of the case. It is most likely that the petitioner would intimidate and influence the witnesses and tamper with evidence. I am not inclined to grant bail to the petitioner at this stage. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE. cms