IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 Bail Appl..No. 4359 of 2009() ----------------------------- CRIME NO.276/09 OF KARAMANA POLICE STATION .................... PETITIONER/15TH ACCUSED (PARTY IN CUSTODY) -------------------------------------------------------------- NABEESA @ THATHA, NASEEMA, LAILA, D/O.JAMEELA, SHINU MANZIL, AKG NAGAR, PAZHAKUTTI NAGARIKUNNU, NEDUMANGAD VILLAGE, NEDUMANGAD TALUK. BY ADV. SRI.M.SREEKUMAR SRI.THOUFEEK AHAMED RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4359 of 2009 --------------------------------------------- Dated this the 12th day of August, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.15 in Crime No.276 of 2009 of Karamana Police Station. 2. The offences alleged against the petitioner are under Sections 3, 4, 5, 6 and 7 of the Immoral Traffic Prevention Act and Section 4 of the Human Trafficking Act. 3. The prosecution case is that accused No.15 conducted brothel at various places. Accused Nos.4, 5 and 12 to 14 are the girls who were being supplied to the customers. Accused Nos.1 to 3 are the alleged customers. Accused Nos.6, 7, 8 and 9 are persons employed and connected with the running of hotel Tara International, from where, it is alleged that the commission of offence was detected in respect of some of the accused persons. According to the prosecution, accused No.10 is the driver employed by accused No.15. Accused Nos.11 and 16 are respectively the sister and son of accused No.15. 4. The petitioner was arrested on 13.7.2009 and she is in judicial custody. BA No.4359/2009 2 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. The petitioner shall be released on bail on her executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, Thiruvananthapuram, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, Wednesdays and Saturdays till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE csl