IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 Bail Appl..No. 7780 of 2009 CRIME NO.556 OF 2009 OF KARAMANA POLICE STATION PETITIONER: FIRST ACCUSED: -------------------- THANKAMANI, D/O.LEKSHMI, TC 14/1024, RAJEEV NAGAR, VAZHUTHACAUD BACK SIDE OF FOREST OFFICE, PALAYALAM WARD, THYCADU VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.D.AJITHKUMAR RESPONDENTS: STATE & COMPLAINANT: --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, NEMOM POLICE STATION, IN-CHARGE OF CI THAMPANOOR IN CRIME NO. 556 OF 09, KARAMANA POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7780 OF 2009 ------------------------------------------------------ Dated this the 5th day of January, 2010 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.1 in Crime No.556 of 2009 of Karamana Police Station. 2. The offences alleged against the petitioner and the other accused are under Sections 372 and 376 of the Indian Penal Code and Sections 3, 4 and 5 of the Immoral Traffic Prevention Act. 3. The prosecution case is that the petitioner was running a brothel in a rented house at Karamana, Thiruvananthapuram. On 25.11.2009, on getting reliable information that she was running a brothel in the house, a raid was conducted by the police. Accused Nos.1 to 5 were taken into custody from that place. It was also noticed that a girl aged fifteen years, her sister and her mother were also among the persons who were arrested. Later, the girl aged fifteen years and her sister were deleted from the array of accused as they were found to be the victims of the offence. B.A. NO. 7780 OF 2009 :: 2 :: 4. Learned Public Prosecutor submitted that the investigation revealed that the petitioner procured the minor girl for prostitution and the girl was subjected to rape by several persons. The mother of the girl is the second accused in the case. 5. The offence under Section 372 of the Indian Penal Code is a very serious offence. The allegation against the petitioner is that she let to hire or otherwise disposed of a girl under the age of 18 years for the purpose of illicit sexual intercourse by some other accused. 6. The petitioner was arrested on 25.11.2009 and she was remanded to judicial custody. The investigation is at the preliminary stage. All the accused have not been arrested. Several details are to be collected during investigation. If the petitioner is released on bail at this stage, it would adversely affect the proper investigation of the case. For the aforesaid reasons, I am not inclined to grant bail to the petitioner at this stage. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/