IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 Bail Appl..No. 8952 of 2011() ---------------------------------------- CRIME NO.549/2011 OF VARAPPUZHA POLICE STATION, ERNAKULAM DIST. .................... PETITIONER/ACCUSED (A40) ------------------------------------------ *GOPINATHAN, S/O.DAMODARA PANICKER, AGED 40 YEARS, KUNNUMMAL THEKKETHIL (H), PANNIYOOR, KARTHIKAPPILLI, ALAPPUZHA. * CORRECTED AS (ACCUSED NO.38) BINU, S/O.VISWANATHAN, AGED 35 YEARS, ''SOORYA'' HOUSE, MEENDOOR KARA, POOYAPPILLI VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. * CORRECTED AS PER THE ORDER DATED 03/11/2011 IN CRL.M.A. NO.7410/2011 IN B.A. NO.8952/2011. BY ADV. SRI.S.RAJEEV, SRI.K.K.DHEERENDRAKRISHNAN. RESPONDENT & STATE: ----------------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.549/2011 OF VARAPPUZHA POLICE STATION, ERNAKULAM DISTRICT). BY PUBLIC PROSECUTOR MR.C. RASHEED. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/11/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs K.T.SANKARAN, J. --------------------------------- B.A.No.8952 OF 2011 --------------------------------- Dated this the 11th 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.38 in Crime No.549 of 2011 of Varapuzha Police Station, Ernakulam District. 2.The offences alleged against the petitioner are under Sections 366A, 372, 373, 354, 376 and 109 read with Section 34 of the Indian Penal Code. 3.The allegation against the accused persons is that a minor girl below the age of 16 years was procured for the purpose of flesh trade. It is alleged that the girl was sold to accused No.1 (Sobha John) by the parents of the girl on the instigation of the sister of the victim and her husband. B.A.No.8952 OF 2011 2 4. 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. 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. Investigation revealed that 36 accused persons and some unidentified persons are involved in the offence. The B.A.No.8952 OF 2011 3 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. The investigation is at the initial stage. 5.The allegation is that the petitioner sexually abused the victim girl. The petitioner was arrested on 19.10.2011. 6. In all connected cases where the so-called “customers” were remanded to judicial custody, bail was granted only on or about 60th day of the date of remand. Since the petitioner was arrested only on 19.10.2011, I do not think that this Bail Application can be allowed at this point of time. 7. If the petitioner is released on bail at this stage, it would adversely affect the proper and smooth investigation of the case and it is likely that the prosecution witnesses will be influenced or intimidated and the evidence tampered with. B.A.No.8952 OF 2011 4 Accordingly, the Bail Application is dismissed. K.T.SANKARAN, JUDGE cms