IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Bail Appl..No. 9437 of 2011() ----------------------------- CRMP.3432/2011 of J.M.F.C. - I, PARAVUR Crime No.549 of 2011 of Varapuzha Police Station, Ernakulam District. .................... PETITIONERS/ACCUSED NO.46 --------------------------------------------- JINSON JOSE, S/O.K.R.JOSE, AGED 36 YEARS, KALAPURAKKAL HOUSE, CHANGAMBUZHA NAGAR.P.O., EDAPPALLY VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KERALA, ERNAKULAM, ERNAKULAM, REP.BY INSPECTOR OF POLICE, VADAKKEKARA POLICE STATION IN CRIME NO. 549/2011 OF VARAPPUZHA POLICE STATION. BY SR.P.P.SRI.C.RASHEED THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------- B.A.No.9437 of 2011 ------------------------------- Dated this the 22nd day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.46 in Crime No.549 of 2011 of Varapuzha Police Station, Ernakulam District. 2.The offences alleged against the petitioner are under Sections 366A, 372, 373, 354, 376 and 109 read with Section 34 of the Indian Penal Code. 3.The allegation against the accused persons is that a minor girl below the age of 16 years was procured for the purpose of flesh trade. It is alleged that the girl was sold to accused No.1 (Sobha John) by the parents of the girl on the instigation of the sister of the victim and her husband. 4.On 4.8.2011 at 9.30 P.M., the Circle Inspector of B.A.No. 9437 OF 2011 2 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 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 B.A.No. 9437 OF 2011 3 John and persons who are involved in the sex racket and also customers. The victim girl is at present in the Child Welfare Home. 5. The allegation against the petitioner is that the house at Olanadukara, which belongs to accused No.3, was arranged by the petitioner to accused No.1, Sobha John. The victim girl was sexually abused by several persons in that house. The petitioner was arrested on 28.10.2011. 6. The learned counsel for the petitioner submitted that there is no case for the prosecution that the petitioner had any connection with the victim girl or that he sexually abused the victim girl. It is submitted by the learned Public Prosecutor that final report has been filed on 3.11.2011, in so far as it relates to the petitioner. 7. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and that the charge was laid, I am of the view that bail can be granted to the petitioner. B.A.No. 9437 OF 2011 4 8. The petitioner shall be released on bail on his executing bond for `50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, North Paravur, subject to the following conditions: A) The petitioner shall surrender his Passport before the Court of the Judicial Magistrate of the First Class, North Paravur. If the Passport was seized by the police or if the petitioner does not have a Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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. cms