IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 Bail Appl..No. 7371 of 2011 CRIME NO.549 OF 2011 OF VARAPUZHA POLICE STATION, ERNAKULAM PETITIONER/ACCUSED NO.5 ------------------------------------------- BINIL KUMAR,S/O.GOPALAKRISHNAN NAIR, AGED 38 YEARS, BINIL BHAVAN, KARIKKA MANGOD,ANAVOOR, THIRUVANANTHAPURAM NOW RESIDING ON RENT AT GANGADHARAPILLAI'S HOUSE, KILIYOOR, ANAVOOR. BY ADV. SRI.P.M.ZIRAJ RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTED BY CIRCLE INSPECTOR, NORTH PARAVUR POLICE STATION IN CRIME NO.549/2011 OF VARAPUZHA POLICE STATION, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/09/2011, ALONGWITH B.A.NO.7434 OF 2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------------------- Bail Appl. Nos. 7371, 7434, 7435, 7436, 7569, 7570, 7573, 7626 & 7627 OF 2011 -------------------------------------------------------- Dated this the 27th day of September, 2011 O R D E R These applications for bail under Section 439 of the Code of Criminal Procedure arise out of the same crime and therefore, these applications are considered together and disposed of by this common order. The petitioners are the accused persons 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 details regarding the rank of the accused, date of arrest and the Bail Application number are shown below: Bail Appl. Nos. 7371, 7434, 7435, 7436, 7569, 7570, 7573, 7626 & 7627 OF 2011 :: 2 :: Accused Date of arrest Bail Application A5 04/08/11 B.A.No.7371 of 2011 A10 12/08/11 B.A.No.7434 of 2011 A9 12/08/11 B.A.No.7435 of 2011 A2 12/08/11 B.A.No.7436 of 2011 A7 & A8 12/08/11 B.A.No.7569 of 2011 A14 25/08/11 B.A.No.7570 of 2011 A12 (formal arrest) 20/08/11 B.A.No.7573 of 2011 A15 31/08/11 B.A.No.7626 of 2011 A16 & A17 31/08/11 B.A.No.7627 of 2011 4. The allegation against the accused persons is that they procured a minor girl and they had sexual intercourse with the girl at several places. 5. 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 Bail Appl. Nos. 7371, 7434, 7435, 7436, 7569, 7570, 7573, 7626 & 7627 OF 2011 :: 3 :: 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. Investigation revealed that 32 accused persons are involved in the offence. 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. 6. It is submitted by the State Prosecutor that Sobha John could not be arrested in spite of the best efforts made by the police. Bail Appl. Nos. 7371, 7434, 7435, 7436, 7569, 7570, 7573, 7626 & 7627 OF 2011 :: 4 :: He also submitted that if the petitioners are released on bail at this stage, it would adversely affect the proper investigation of the case. It is also submitted that many among the petitioners are rich and powerful and they are capable of intimidating, influencing and terrorising the witnesses. 7. The learned counsel appearing for the petitioners submitted that the various statements made by the victim contain contradictory and irreconcilable versions and that her statements cannot be relied on at all to show that the petitioners are guilty. They are undergoing detention on the basis of these scanty materials and contradictory and irreconcilable versions. It is submitted that the petitioners cannot be detained further on the basis of these materials. 8. The offence alleged against the accused is very grave in nature. The girl was procured and made available for flesh trade when she was studying in the 10th standard. Those who are bound to protect her interests were also involved in making available the victim girl for flesh trade. She could not expect any security even in Bail Appl. Nos. 7371, 7434, 7435, 7436, 7569, 7570, 7573, 7626 & 7627 OF 2011 :: 5 :: the family. As submitted by the learned State Prosecutor, minor variations and contradictions in the statement of the victim may not be quite relevant at this stage of investigation. 9. Among the accused persons, there are persons involved in other cases of similar nature and also in murder cases. The criminal antecedents of several of the accused are revealed during the investigation. If the petitioners are released on bail at this stage, it is certain that it would have the adverse impact on the proper and smooth investigation of the case. The apprehension voiced by the learned State Prosecutor that the petitioners, if released on bail, would influence, intimidate or terrorise the witnesses cannot be brushed aside as imaginary. For the aforesaid reasons, these Bail Applications are dismissed. (K.T.SANKARAN) Judge ahz/