IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 Bail Appl..No. 4283 of 2008() -------------------------------------- CRIME NO.222/2008 OF THAMANNOOR POLICE STATION PETITIONER : ------------------ K.P. RAJENDRAPRASAD @ K.P.R. PRASAD, AGED 36 YEARS, S/O KRISHNAN NAIR, T.C. NO. 51/1841,ASWATHY, MAKULAM, PAPPANAMCODE P.O., THIRUVANANTHAPURAM. BY ADV. SRI.AJITH MURALI RESPONDENT/COMPLAINANT : -------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.4283 OF 2008 ------------------------------ Dated this the 17th day of July, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 3, 4, 5 and 7 of Immoral Traffic Prevention Act. According to the prosecution, on 19.05.2008 the Sub Inspector of Police and his party conducted a raid in the guest house owned by the petitioner. Accused Nos.1 and 2, who were engaged in immoral activities in one of the rooms were arrested. The room boy was also arrested and implicated as the 3rd accused. The petitioner is the 4th accused. 3. Learned counsel for the petitioner submitted that the petitioner is apprehending arrest in a non bailable offence, but even going by the prosecution case, the only offence committed by him falls under Section 3 of the Immoral Traffic Prevention Act, which is a bailable offence. It is submitted that he is totally innocent of the allegations made. Two persons came to the guest house posing themselves as father and daughter and a room was let out to them. The petitioner is not involved in any offence, but he is running a reputed guest house, it is submitted. B.A.4283/2008 2 4. Learned Public Prosecutor conceded that the offence for which the petitioner is personally liable as per the prosecution record is only under Section 3 of the Immoral Traffic Prevention Act, which is a bailable offence. 5. On hearing both sides, it is clear that as the matter stands now though as against the petitioner only a bailable offence is made out, the crime is registered under other Sections of the same Act which are non-bailable and hence it is likely that the petitioner may be detained in case of arrest. In the above circumstances, in the peculiar facts and circumstances, it is only fit and proper that anticipatory bail is granted to the petitioner since it is likely that he may be remanded to judicial custody since non bailable offences are also involved in this case. 6. Hence the following order is passed : The petitioner shall surrender before the Investigating Officer within 7 days from the date of this Order and make himself available for interrogation. Thereafter in the event of his arrest the petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like B.A.4283/2008 3 sum to the satisfaction of the Arresting Officer on condition that he will co-operate with the investigation and report before the Investigating Officer as and when directed. The petition is allowed. K.HEMA, JUDGE pac