IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 Bail Appl..No. 9075 of 2011() ----------------------------- CRIME NO.549/2011 OF VARAPPUZHA POLICE STATION ERNAKULAM DISTRICT PETITIONER/ACCUSED NO.41: --------------------------- NARAYANAN NAIR, S/O.PADMANABHAN NAIR, AGED 57 YEARS, 'INDUSREE', KEEZHPALLI VEETIL, K.P. VALLON ROAD, KADAVANTHRA, ERNAKULAM DISTRICT. BY ADV. SRI.BABU S. NAIR SMT.SMITHA BABU SRI.P.A.RAJESH SRI.K.RAKESH SRI.RAVI KRISHNAN RESPONDENT: STATE -------------------- THE STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, NORTH PARAVOOR, VARAPPUZHA POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR MR.C.RASHEED THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9075 of 2011 ---------------------------------------------- Dated this the 16th 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.41 in Crime No.549 of 2011 of Varappuzha 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. 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 Bail Appln.No.9075/2011 : 2 : 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 he sexually exploited the victim girl at the house of accused No.1 (Sobha John). 5. The petitioner was arrested on 26/10/2011 and he was remanded to judicial custody. 6. The learned counsel for the petitioner submitted Bail Appln.No.9075/2011 : 3 : that the petitioner is suffering from heart ailments. He had undergone a heart surgery during 2009. While in judicial custody, he had some ailments connected with heart disease. The learned counsel for the petitioner submitted that taking into account the illness of the petitioner, it is just and proper to release him on bail immediately. 7. There are more than 50 accused in the case. In all the connected cases where the so-called “customers” moved for bail, bail was granted only after completing about 60 days in judicial custody. To ascertain whether the petitioner is suffering from any illness necessitating a lenient attitude, a report was called for. With the permission of the learned Magistrate, the Sub Inspector of Police, Vadakkekkad met the petitioner at jail in the presence of the Superintendent of Police. The petitioner stated to him that he was taking three tablets earlier and since he forgot the names of two tablets, he did not take them after he was remanded to judicial custody. He was also examined by the Doctor and even thereafter he did not take those tablets. His son-in-law and wife met him on jail on two occasions and even after recollecting the names of Bail Appln.No.9075/2011 : 4 : medicines, the petitioner did not take any steps to take those medicines. He also stated that he did not even meet the Doctor thereafter, though the Doctor was available, on the ground that he had no problem. It is reported that his health condition is perfect. The learned Public Prosecutor submitted that whatever treatment is required to the petitioner, the same will be provided by the Jail Authorities. This submission is recorded. 8. Taking into account the facts and circumstances of the case, I am of the view that bail cannot be granted to the petitioner at this stage. If the petitioner is released on bail at this stage, it is most likely that he would intimidate and influence the prosecution witnesses and tamper with the evidence. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj