IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 Bail Appl..No. 8648 of 2011() ----------------------------- CRMP.3090/2011 of J.M.F.C. - I, NORTH PARAVUR CRIME NO.549/2011 OF VARAPPUZHA POLICE STATION .................... PETITIONER/34TH ACCUSED : -------------------------- ALIKUNJU,AGED 38 YEARS,S/O.ABOOBACKER, ADAMBAYIL HOUSE,CHANGAMPUZHA NAGAR, SOUTH KALAMASSERY KARA,THRIKKAKARA NORTH VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.T.T.MUHAMOOD SRI.C.ANILKUMAR (KALLESSERIL) SRI.C.Y.VINOD KUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA,(REP.BY THE CIRCLE INSPECTOR OF POLICE,NORTH PARAVUR,CRIME NO.549/11 OF VARAPPUZHA POLICE STATION) REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. SENIOR GOVT.PLEADER-MR.C.RASHEED THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8648 of 2011 ---------------------------------------------- Dated this the 02nd 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.34 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.8648/2011 : 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 is that accused No.1, Sobha John procured the victim girl and made available her to the petitioner. The petitioner sexually exploited the girl at his flat at Vyttila. The petitioner was arrested on 09/10/2011 and he was remanded to judicial custody. The investigation is in progress. In the connected cases, bail was granted to the accused after completing judicial custody for about 60 days. Bail Appln.No.8648/2011 : 3 : 5. In the facts and circumstances of the case, I am of the view that bail cannot be granted to the petitioner at this stage. If the petitioner is released on bail at this stage, it is most likely that he would intimidate and influence the prosecution witnesses and tamper with the evidence. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj