IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 Bail Appl..No. 9633 of 2011() ----------------------------- CRIME NO.549/2011 OF VARAPUZHA POLICE STATION, ERNAKULAM .................... PETITIONER/ACCUSED NO.48 ---------------------------------- SANTHOSH, S/O.SIVANANDAN, AGED 41 YEARS, PRS ENCLAVE, JAGATHY, THAIKKADU VILLAGE, THIRUVANANTHAPURAM (DIST.). BY ADV. SRI.ANIL K.MOHAMMED RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.RASHEED THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9633 of 2011 --------------------------- Dated this the 7th day of December, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.48 in Crime No.549 of 2011 of Varapuzha Police Station, Ernakulam District. 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. The prosecution case is the following : 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 Varapuzha 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 BA 9633/11 2 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. 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 is that accused No.1 Sobha John supplied the victim girl to accused No.49 Nabeesa, who acted as a BA 9633/11 3 pimp. Accused No.55 arranged the venue for the petitioner at the house of accused No.49. The petitioner sexually abused the victim girl at the house of accused No.49. The petitioner was arrested on 1.11.2011 and he was remanded to judicial custody. 5. In the connected cases, bail was granted to the 'so called customers' only after completing about 60 days in judicial custody. The petitioner was arrested on 1.11.2011 . In these circumstances, I am not inclined to grant bail to the petitioner at this stage. If bail is granted to the petitioner, it is most likely that he would influence and intimidate the witnesses and tamper with the evidence. The release of the petitioner on bail at this stage would also adversely affect the smooth investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN JUDGE csl