IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 Bail Appl..No. 3855 of 2009 CRIME NO.276 OF 2009 OF KARAMANA POLICE STATION CMP.4194/2009 of J.M.F.C.-I,THIRUVANANTHAPURAM PETITIONERS/ACCUSED NOS.10 & 11: -------------------------------------- 1. KISHORE,S/O.KESAVAN, GANESH BHAVAN, T.C.47/74,MELARANNOOR, VALIYASALA WARD, THYCAUD VILLAGE. 2. NASEERA,D/O.JAMEELA, SIYONKUNNU SUFIL MANZIL, THEKKADA, VEMBAYAM VILLAGE, NEDUMANGAD TALUK. BY ADV. SRI.M.SREEKUMAR RESPONDENT: STATE -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/07/2009, ALONGWITH B.A.NO.3856 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS. 3855 & 3856 OF 2009 ------------------------------------------------------ Dated this the 16th July, 2009 O R D E R These are applications for bail under Section 439 of the Code of Criminal Procedure. The petitioners in B.A.No.3855 of 2009 are accused Nos.10 and 11, while the petitioner in B.A.No.3856 of 2009 is accused No.16 in Crime No.276 of 2009 of Karamana Police Station. 2. The offences alleged against the petitioners are under Sections 3, 4, 5, 6 and 7 of the Immoral Traffic Prevention Act and Section 4 of the Human Trafficking Act. 3. The prosecution case is that accused No.15 conducted brothel at various places. Accused Nos.4, 5 and 12 to 14 are the girls who were being supplied to the customers. Accused Nos.1 to 3 are the alleged customers. Accused Nos.6, 7, 8 and 9 are persons employed and connected with the running of hotel Tara International, from where, it is alleged that the commission of offence was detected B.A. NOS.3855 AND 3856 OF 2009 :: 2 :: in respect of some of the accused persons. According to the prosecution, accused No.10 is the driver employed by accused No.15. Accused Nos.11 and 16 are respectively the sister and son of accused No.15. 4. Accused Nos.10 and 11 were arrested on 25.6.2009 and accused No.16 was arrested on 27.6.2009. All of them are in judicial custody. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners on stringent conditions. 5. The petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, Thiruvananthapuram, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, Wednesdays and Saturdays till the final report is filed or until further orders; B.A. NOS.3855 AND 3856 OF 2009 :: 3 :: b) The petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. (K.T.SANKARAN) Judge ahz/