IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 25TH FEBRUARY 2011 / 6TH PHALGUNA 1932 Crl.MC.No. 118 of 2011() ------------------------ CC.1519/2010 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... PETITIONER(S): ACCUSED NO.5: -------------------------------------------------- SHAMEEM, S/O. KHASIM, NADAKKAL VEEDU, THODUPUZHA. BY ADVS. SRI.V.V.ASOKAN, SRI.P.P.RAMACHANDRAN. RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA (SHO ERNAKULAM TOWN SOUTH POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.118 of 2011 -------------------------------------- Dated this the 25th day of February, 2011. ORDER Petitioner is accused No.5 in C.C.No.1519 of 2010 of the court of learned Additional Chief Judicial Magistrate (Economic Offences), Ernakulam for offences punishable under Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act, arising from Crime No.432 of 2010 of Ernakulam Town South Police Station. Petitioner seeks to quash proceeding against him on the ground that there is no material against him to be implicated in the case. Case is that on 16.03.2010 at about 7.35 p.m. Police searched a room allegedly taken on rent by accused Nos.1 and 2 for running a brothel with intention to make profit, made accused No.3 stay there and accused Nos.1 to 3 collected money from accused Nos.4 and 5. The searching party found accused No.4 engaged in sexual intercourse with accused No.3. It is alleged that petitioner (accused No.5) who also had sexual intercourse with accused No.3 resting in the adjacent room. Learned counsel submitted that apart from the statement of the co-accused and a medical certificate which only proved potency of petitioner there is absolutely no material to show that petitioner is involved in the alleged incident. Learned Public Prosecutor submitted that petitioner had sexual intercourse with accused No.3 on payment of money and it is while he was resting in the adjacent room that Police searched the room and arrested petitioner and others from the spot. Crl.MC No.118/2011 2 2. I do not think that on the materials on record this Court should interfere under Section 482 of the Code of Criminal Procedure (for short, “the Code”). Assuming that there is no direct evidence, various circumstances that may be brought out have also to be looked into. Hence I decline to exercise the power under Section 482 of the Code and quash proceedings. I make it clear that it is open to the petitioner to raise appropriate defence/plea of discharge before the court below and if any such defence/plea is made, learned Additional Chief Judicial Magistrate (Economic Offences), Ernakulam shall consider the same and pass appropriate orders untrammelled by any observations contained in this order. Petition is disposed of as above. THOMAS P.JOSEPH, Judge. cks