IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 Bail Appl..No. 4189 of 2008() ----------------------------- AGAINST THE ORDER DATED / / IN CMP.2896/2008 IN CMP.2895/2008 of J.M.F.C.,TIRUR CRIME NO.293/08 OF KALPAKANCHERY POLICE STATION PETITIONER --------------------------- MUHAMMED ANEESH @ ANEESH S/O.MUHAMMED, AGED 36 YEARS, KUNNATH HOUSE KODUNGALLUR, NOW RESIDING AT CALICUT UNIVERSITY P.O. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM 2. THE CIRCLE INSPECTOR OF POLICE VALANCHERRY 3. THE SUB INSEPCTOR OF POLICE KALPAKANCHERRY POLICE STATION BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.4189 of 2008 ----------------------------------------- Dated this the 4th July, 2008 O R D E R This petition is for bail. 2. Petitioner is the 7th accused in the crime. The alleged offences are under Sections 366-A and 376(g) of Indian Penal Code. According to prosecution, five persons were arrested from a quarter and they were allegedly engaged in prostitution. There were two men and three women. Further allegation is that a minor girl, who is studying in VII standard was brought from Bangladesh to Mumbai and from Mumbai to Bangalore by different persons and from Bangalore, the petitioner, who is the 7th accused, bought the girl and supplied her to accused 1 and 2, who were arrested from the spot. This was revealed from the statement given by the minor girl and also from the statement of the accused. 3. Learned counsel for petitioner submitted that the petitioner is in custody from 7.6.2008 onwards. He is innocent of the allegations made. He is implicated only on the basis of a confession statement made by one of the accused. He is a heart patient and medical certificates are produced to prove the same. He was taken BA.4189/08 2 from the jail to the Medical College on several occasions and hence, bail may be granted, it is submitted. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that on the facts of this case, it will be too early for the petitioner to be released on bail, since the investigation is at the initial stage. In an offence of this nature, in which a minor girl has been procured from Bangladesh and taken from place to place for the purpose of prostitution, some more details have to be collected in investigation. At this juncture, if the petitioner is released on bail, it will adversely affect the investigation. As far as the ailment of the petitioner is concerned, it is submitted that he is already taken to the Medical College and adequate treatment is given from the Medical College. But, he may not be released on bail, it is submitted. 5. On hearing both sides, considering the nature of offence committed and the stage of investigation, I am satisfied that it is not a fit case to grant bail to the petitioner at this stage. This petition is dismissed. K.HEMA, JUDGE vgs.