IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 Bail Appl..No. 9084 of 2011() ----------------------------- CRIME NO.549/2011 OF VARAPUZHA POLICE STATION .................... PETITIONER/42ND ACCUSED : --------------------------------- JOHNSON.K.P,AGED 53 YEARS,S/O.PONNAYYAN, LAKSHMI NIVAS,T.NO. XIX-538/2,INFRONT OF MUDAVANMUGAL SCHOOL,POOJAPURA DESOM,THIRUMALA VILLAGE,THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.P.A.MUJEEB RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9084 of 2011 --------------------------- Dated this the 10th day of November, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.42 in Crime No.549 of 2011 of Varapuzha Police Station. 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 Varapuzha 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. They were arrested. Crime No.549 of 2011 was registered for the offences under Sections 3 and 4 of the Immoral BA No.9084/2011 2 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 against the petitioner is that accused No.43 Sreekumaran Nair procured the victim girl and supplied to the petitioner, who is a PWD contractor. It is also alleged that the BA No.9084/2011 3 petitioner had sexually exploited the girl. In the connected cases, bail was granted to the “so called customers” only after they completed judicial custody for about 60 days. The petitioner was arrested only on 26.10.2011. The investigation is not over. If the petitioner is released on bail at this stage, it is likely that he would intimidate and influence the witnesses. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN JUDGE csl