Bijukumar.M.P.36 Years vs State Of Kerala Represented By … on 6 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7667 of 2008()


1. BIJUKUMAR.M.P.36 YEARS,S/O.PURUSHOTHAMAN
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY PUBLIC
                       ...       Respondent

                For Petitioner  :SRI.RAJIT

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :06/02/2009

 O R D E R
                                   K. HEMA, J.
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                           Bail Appl. No. 7667 of 2008
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               Dated this the 6th day of February, 2009.


                                       ORDER

Petition for anticipatory bail.

2. The alleged offence is under Section 5 of the

Immoral Traffic (Prevention ) Act, 1956. According to prosecution,

first accused was arrested from a room in a lodge with a woman.

Second and 3rd accused arranged the woman for Rs.7,000/- to

first accused and thereby they have committed the offence

alleged. The detection of the crime was on 5.12.2008.

3. Learned counsel for petitioner submitted that

petitioner is a driver by profession and it was first accused who

hired the taxi and petitioner has no knowledge about the

offence. He is innocent of the allegations made, it is submitted.

4. Learned Public Prosecutor opposed this

anticipatory bail application and submitted that 2nd accused has

specific role in the offence and he has arranged the women for

first accused along with third accused and obtained Rs.7,000/-

from the first accused. It is not a fit case to grant anticipatory

bail, it is submitted.

5. On hearing both sides, I am satisfied that in an

offence of this nature, considering the serious allegations made

against petitioner, it is not fit to grant anticipatory bail. The

crime was registered as early as on 6.12.2008 and petitioner is

[B.A.No.7667/08] 2

not available for investigation. Hence, the following order is

passed:

1) Petitioner shall surrender before the investigating

officer without delay and co-operate with the

investigation. Whether he surrenders or not, the

police is at liberty to arrest him and proceed in

accordance with law.

2) No further application for anticipatory bail by the

petitioner in this crime will be entertained by this

Court.

Petition is dismissed.

K. HEMA, JUDGE.

Krs.