IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 Bail Appl..No. 8438 of 2011() --------------------------------------- CRIME NO. 549/2011 OF VARAPPUZHA POLICE STATION ....... : PETITIONER (ACCUSED NO. NOT KNOWN) ------------------------------------------------------ SACKARIA, S/O.YOHANNAN, CHOONDIYIL VEEDU, THAYIKKATTU KAVE, ALUVA WEST. BY ADV. SRI.ANIL K.MOHAMMED SRI.SUJESH MENON V.B. RESPONDENT(S): COMPLAINANT ----------------------------------------------- STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8438 of 2011 ---------------------------------------------- Dated this the 11th 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.18 in Crime No.549 of 2011 of Varappuzha Police Station. 2. The offences alleged against the accused are under Sections 366A, 372, 373, 354, 376 and 109 read with Section 34 of the Indian Penal Code. 3. 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 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 Bail Appln.No.8438/2011 : 2 : 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 and also customers. The victim girl is at present in the Child Welfare Home. 4. The allegation against the petitioner is that he, with the help of accused No.10, who is also a pimp, procured the victim girl from accused Nos.7 and 8 (Sister and brother-in- law of the victim) and supplied her to accused No.11, who sexually exploited the girl. The allegation is that the petitioner is an associate of accused No.10, who is a rich and Bail Appln.No.8438/2011 : 3 : powerful man and who is a close confidant of accused No.1 (Sobha John). 5. The allegations levelled against the petitioner are very grave in nature. In a case of this nature, I am of the view that the petitioner is not entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. If anticipatory bail is granted to the petitioner, it would adversely affect the proper and smooth investigation of the case. For the aforesaid reasons the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj