IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 11TH JANUARY 2011 / 21ST POUSHA 1932 Crl.MC.No. 4235 of 2010() ------------------------- CC.380/2005 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONERS/ACCUSED NO.2, 3 & 4 ---------------------------------- 1. SHANI, AGED 24 YEARS, D/O.KITTU, KISHANTH NIVAS, PUTHUSSERY EAST, KTC BHAGOM, KANCHIKKOD, PUTHUSSERY VILLAGE, PALAKKAD. 2. ARUN, AGED 32 YEARS, S/O.VENU NAIR, VIJAYA MANDIRAM HOUSE, PUTHUPARIYARAM VILLAGE, PALAKKAD DISTRICT. 3. AJITHA, AGED 28 YEARS, D/O.NARAYANAN, RAMARATH HOUSE, MARUTHA ROAD, PALAKKAD DISTRICT. BY ADV. SRI.K.V.SABU RESPONDENT/COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR: ADV. SRI. K J MOHAMMED ANSARI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.4235 of 2010 --------------------------------------- Dated this 11th day of January, 2011 ORDER Petitioners are accused Nos.2 to 4 in C.C.No.380 of 2005 of the court of learned Judicial First Class Magistrate, Aluva for offence punishable under Secs.4, 5 and 7 of the Immoral Traffic (Prevention) Act, 1956 (for short, “the Act”). Case is that on 17.10.2004 at about 3.15a.m getting information that in a lodge prostitution is being carried on, Circle Inspector and party searched that place and petitioners were arrested from room Nos.309, 407 and 408. The circumstances in which petitioners were found in the said rooms are stated in the search list and hence it is not necessary for me to extract the same. The search list also gives information about packets of condoms on the table and currency notes which were seized from the respective rooms. After investigation charge sheet was filed against petitioners and accused No.1 for offence as above stated. In this proceeding petitioners seek to quash the proceedings against them. Learned counsel contended that no offence as alleged is disclosed. 2. Even from the submission of learned counsel it is seen that trial of the case has progressed. Much was argued about Crl.M.C.No.4235 of 2010 -: 2 :- wound certificates of the women among petitioners, where it is stated that there was no signs of recent sexual intercourse. That however is a matter the trial court has to decide. I do not consider it necessary or proper when trial of the case has already progressed to interfere in the matter. I make it clear that it will be open to the petitioners to raise all their contentions in the trial court. 3. It is pointed out that non bailable warrants are pending against petitioners on account of their absence in the trial court. Having regard to the facts and circumstances of the case I direct that non bailable warrant issued against the petitioners will stand in abeyance for a period of one month from today so that in the meantime petitioners can appear before the court below and seek regular bail. If any such application for regular bail is preferred learned Magistrate shall consider the relevant circumstances and pass appropriate orders having regard to the nature of the allegations made and the defence they are making. This criminal miscellaneous case is disposed of as above. (THOMAS P JOSEPH, JUDGE) Sbna/-