IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 Bail Appl..No. 6801 of 2008() ----------------------------- CRIME NO. 651/2008 OF THALAIPPARAMBA POLICE STATION PETITIONER/ACCUSED NUMBER 3 ----------------------------------------------- JAISON,S/O.JOSHY, AGED 26 YEARS, PUTHENVEETTIL, PAISAKKARI (P.O.) PAPYYAVOOR, PADANKAVALA, KANNUR DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): --------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM REP. BY CIRCLE INSPECTOR OF POLICE, THALAIPPARAMBA POLICE STATION. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6801 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of November,2008 O R D E R Petition for anticipatory bail. 2. According to prosecution, police conducted a raid in the house of 2nd accused and found three ladies there. On questioning, it was revealed that persons were brought to the house of 2nd accused by all the accused in the car of 3rd accused for the purpose of prostitution. Hence, a crime was registered under sections 3 and 4 of Immoral Traffic (Prevention) Act. 3. Learned counsel for petitioner submitted that the only allegation against petitioner (A3) is that he was present at the house, but it will not constitute any offence and hence, he may be granted anticipatory bail. 4. This petition is opposed. Learned Public Prosecutor submitted that police conducted raid on getting information that prostitution was being carried on in the house of 2nd accused and on reaching the house, it was found that three ladies were brought there in the car of 3rd accused by all the accused. It is not a fit case to grant anticipatory bail and it is clear from case diary that petitioner has involvement in the crime, it is submitted. Statement of wife of 2nd accused would clearly show that the car BA 6801/08 -2- in which the ladies were brought belong to 3rd accused. Investigation is in progress, it is submitted. 5. On hearing both sides, considering the nature of the allegations made, I am satisfied that it is not a fit case to grant anticipatory bail. The incident occurred on 14-8-2008 and petitioner was not available for investigation for the past more than two months. Hence, petitioner is directed to surrender before the Investigating Officer and co-operate with the investigation without delay. Whether he surrenders or not, police is at liberty to arrest petitioner at any time. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.