IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7780 of 2009()
1. THANKAMANI, D/O.LEKSHMI,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. CIRCLE INSPECTOR OF POLICE,
For Petitioner :SRI.D.AJITHKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :05/01/2010
O R D E R
K.T.SANKARAN, J.
------------------------------------------------------
B.A. NO. 7780 OF 2009
------------------------------------------------------
Dated this the 5th day of January, 2010
O R D E R
This is an application for bail under Section 439 of the Code of
Criminal Procedure. The petitioner is accused No.1 in Crime No.556 of
2009 of Karamana Police Station.
2. The offences alleged against the petitioner and the other
accused are under Sections 372 and 376 of the Indian Penal Code and
Sections 3, 4 and 5 of the Immoral Traffic Prevention Act.
3. The prosecution case is that the petitioner was running a brothel
in a rented house at Karamana, Thiruvananthapuram. On 25.11.2009, on
getting reliable information that she was running a brothel in the house, a
raid was conducted by the police. Accused Nos.1 to 5 were taken into
custody from that place. It was also noticed that a girl aged fifteen years,
her sister and her mother were also among the persons who were
arrested. Later, the girl aged fifteen years and her sister were deleted
from the array of accused as they were found to be the victims of the
offence.
B.A. NO. 7780 OF 2009
:: 2 ::
4. Learned Public Prosecutor submitted that the investigation
revealed that the petitioner procured the minor girl for prostitution and the
girl was subjected to rape by several persons. The mother of the girl is
the second accused in the case.
5. The offence under Section 372 of the Indian Penal Code is a
very serious offence. The allegation against the petitioner is that she let to
hire or otherwise disposed of a girl under the age of 18 years for the
purpose of illicit sexual intercourse by some other accused.
6. The petitioner was arrested on 25.11.2009 and she was
remanded to judicial custody. The investigation is at the preliminary
stage. All the accused have not been arrested. Several details are to be
collected during investigation. If the petitioner is released on bail at this
stage, it would adversely affect the proper investigation of the case.
For the aforesaid reasons, I am not inclined to grant bail to the
petitioner at this stage. The Bail Application is accordingly dismissed.
(K.T.SANKARAN)
Judge
ahz/