IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 Bail Appl..No. 7667 of 2008() ----------------------------- (CRIME NO.401/2008 OF NEDUPUZHA POLICE STATION) PETITIONER:/ACCUSED: ------------------------------- BIJUKUMAR.M.P.36 YEARS,S/O.PURUSHOTHAMAN M.K.MAYANGARA PARAMBIL HOUSE, PONNURUNNY, VYTTILA P.O. KOCHI-682019 BY ADV. SRI.RAJIT RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl. No. 7667 of 2008 --------------------------------------------------- Dated this the 6th day of February, 2009. ORDER Petition for anticipatory bail. 2. The alleged offence is under Section 5 of the Immoral Traffic (Prevention ) Act, 1956. According to prosecution, first accused was arrested from a room in a lodge with a woman. Second and 3rd accused arranged the woman for Rs.7,000/- to first accused and thereby they have committed the offence alleged. The detection of the crime was on 5.12.2008. 3. Learned counsel for petitioner submitted that petitioner is a driver by profession and it was first accused who hired the taxi and petitioner has no knowledge about the offence. He is innocent of the allegations made, it is submitted. 4. Learned Public Prosecutor opposed this anticipatory bail application and submitted that 2nd accused has specific role in the offence and he has arranged the women for first accused along with third accused and obtained Rs.7,000/- from the first accused. It is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, I am satisfied that in an offence of this nature, considering the serious allegations made against petitioner, it is not fit to grant anticipatory bail. The crime was registered as early as on 6.12.2008 and petitioner is [B.A.No.7667/08] 2 not available for investigation. Hence, the following order is passed: 1) Petitioner shall surrender before the investigating officer without delay and co-operate with the investigation. Whether he surrenders or not, the police is at liberty to arrest him and proceed in accordance with law. 2) No further application for anticipatory bail by the petitioner in this crime will be entertained by this Court. Petition is dismissed. K. HEMA, JUDGE. Krs.