IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 Bail Appl..No. 6795 of 2009 CRIME NO.998 OF 2009 OF KURUPPAMPADY POLICE STATION PETITIONER: 9TH ACCUSED: -------------------- SUNIL CHERIAN, AGED 38 YEARS, S/O CHERIAN RESIDING AT PATTATHARAYIL HOUSE, KOOTHATTUKULAM P.O,. BY ADV. SRI.A.V.JAMES SRI.P.DALBI EMMANUEL RESPONDENT: COMPLAINANT: --------------- THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REP. BY THE SUB INSPECTOR KURUPPAMPADY POLICE STATION IN CR. 998/2009. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6795 OF 2009 ------------------------------------------------------ Dated this the 23rd day of November, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.9 in Crime No.998 of 2009 of Kuruppampady Police Station. 2. The offences alleged against the petitioner are under Sections 3, 4, 5 and 7 of the Immoral Traffic Prevention Act. 3. The allegation is that the petitioner was running a brothel. Accused Nos.1 to 8 were found indulging in activities which are contrary to the provisions of the Act. Learned Sessions Judge dismissed the application for anticipatory bail filed by the petitioner, as per the order dated 3.11.2009. 4. Taking into account the facts and circumstances of the case, I do not think that this is a fit case where the discretionary relief under Section 438 of the Code of Criminal Procedure should be extended in favour of the petitioner. If anticipatory bail is granted B.A. NO. 6795 OF 2009 :: 2 :: to the petitioner, it would adversely affect the proper and smooth investigation of the case. The petitioner is not entitled to any discretionary relief. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/