IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 Bail Appl..No. 8981 of 2011 CRIME NO.549 OF 2011 OF VARAPUZHA POLICE STATION, ERNAKULAM PETITIONER/ACCUSED NO.1 -------------------------------------------- SOBHA JOHN, AGED 40 YEARS, W/O.JOHN, BATHEL HOUSE, MSP NAGAR, THIRUMALA DESOM, THIRUVANANTHAPURAM. BY ADV. SRI.P.M.ZIRAJ RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REP.BY INSPECTOR OF POLICE, VADAKKEKARA POLICE STATION IN CRIME NO.549/2011 OF VARAPPUZHA POLICE STATION. GOVERNMENT PLEADER SRI.C.RASHEED THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------------------- Bail Appl. No.8981 OF 2011 -------------------------------------------------------- Dated this the 4th day of November, 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.1 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 and 376 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 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 Bail Appl. No. 8981 OF 2011 :: 2 :: 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 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. The victim girl is at present in the Child Welfare Home. The investigation is at the initial stage. 4. The petitioner is allegedly responsible for throwing the victim girl into the sex market. The allegation is that she purchased Bail Appl. No. 8981 OF 2011 :: 3 :: the girl for a sum of Rupees One lakh and presented the girl to several persons. In the process of the sex trade, she had assistance of several pimps and brokers and which helped her too in the trade. 5. Learned Public Prosecutor submitted that the petitioner is involved in the following crimes: Crime No.1066 of 2006 of Central Police Station, Ernakulam, popularly known as 'thanthri case”; Crime No.1208 of 2008 of Peroorkada Police Station; Crime No.323 of 2009 of Museum Police Station where the offence alleged is under Section 302 of the Indian Penal Code and Crime No.99 of 2011 of Poojappura Police Station. It is also submitted by the learned Public Prosecutor that the petitioner was a detenue under the Kerala Anti Social Activities Prevention Act. The petitioner was arrested on 6.10.2011 and she was remanded to judicial custody. 6. The allegations against the petitioner are grave in nature. The investigation is going on. In spite of the fact that the petitioner is a woman, I am not inclined to grant bail to the petitioner at this stage, in view of the peculiar facts and circumstances of the case. If the petitioner is released on bail, it is most likely that she would Bail Appl. No. 8981 OF 2011 :: 4 :: intimidate and influence the witnesses and tamper with the evidence. The petitioner is part of a powerful sex racket and it is not at all safe to release the petitioner on bail while investigation is pending. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/