Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY,THE 29TH DAY OF JULY2013/7TH SRAVANA, 1935 Bail Appl..No. 4693 of 2013 () ------------------------------- CRIME NO. 464/2013 OF THUMBA POLICE STATION, THIRUVANANTHAPURAM ------------------------------ PETITIONER/AI : -------------------------- MINI @ ASHWATHY, AGE 32.D/O.SARASWATHY,PUNNAKULAM, MANKOOTTATHIL VEEDU KOTTUKKAL DESOM, KOTTUKKAL VILLAGE, NEYYATTINKARA PRESENTLY RESIDING AT GANGA NAGAR RESIDENCE ASSOCIATION NO.62A JAYAPRAKASH LANE, KUDAPPANAKKUNNU VILLAGE THIRUVANANTHAPURAMN. BY ADV. SRI.SHAJIN S. HAMEED RESPONDENT/STATE : ----------------------------------- STATE OF KERALA REPRESENTED BY THE INSPECTOR OF POLICE MEDICAL COLLEGE CIRCLE, THIRUVANANTHAPURAM REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI. ROY THOMAS THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-07-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn P.BHAVADASAN, J.
- - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 4693 of 2013 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of July, 2013 ORDER
The petitioner is the first accused in Crime No. 464 of 2013 of Thumba Police Station who is alleged to have committed the offences punishable under Sections 323, 344, 366, 376(D), 370, 120(B) read with Section 34 of the Indian Penal Code.
2. The petitioner is the house wife. It so happened that a lady came to Thiruvananthapuram in search of a job and fell into the hands of an autorikshaw driver. He took the lady to the petitioner and thereafter, the story begins. She takes the lady to the home and making her believe that she will be given a safe shelter. Things turned out to be otherwise soon. To her dismay, the victim found that she was forced to prostitution for which she had no choice but to yield. Finally, she managed to escape and the complaint was laid. B.A. No.4693/2013 -2- 3. The petitioner would say that she is innocent and has been falsely implicated with ulterior motive. She would say that she has not committed any of the act as alleged against her and that she is innocent. At any rate, it is pointed out that the petitioner has been in custody from 13.06.2013 onwards and her continued custody is unnecessary.
4. The learned Public Prosecutor very vehemently opposed the petition and pointed out that the petitioner is the master mind behind the trade and she should not be believed at all. It is also pointed out that the investigation is still going on.
5. After having heard the learned counsel for the petitioner and the learned Public Prosecutor and having perused the records, the claim of the petitioner that she is innocent cannot be accepted. There are materials as against her which show her complicity. Any how, a deeper probe into the veracity of the allegation is not warranted at B.A. No.4693/2013 -3- this point of time. The petitioner has been in custody from 13.06.2013 onwards and a good portion of the investigation must have been completed by now. Since no apprehension is expressed by the investigating agency that if the petitioner is released on bail, she is likely to abscond, her continued custody appears to be unnecessary. The petition is allowed as follows: i) The petitioner shall be released on bail on her executing a bond for a sum of ` 15,000/- (Rupees Fifteen thousand only) with two solvent sureties for the like sum each to the satisfaction of the Court concerned. ii) The court concerned shall ensure the identity of the sureties and also the veracity of the tax receipts before granting bail. iii) The petitioner shall appear before the Investigating Officer on every Wednesday between 9 am and 10 am until further orders. B.A. No.4693/2013 -4- iv) The petitioner shall produce her original passport before the court concerned. If she is not having any valid passport, she should file an affidavit regarding the same before the court concerned. v) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witness. vi) The petitioner shall not leave the State of Kerala. vii) If any of the conditions is violated, bail granted to the petitioner shall stand cancelled and the court concerned may take such steps as are available to it in accordance with law. P.BHAVADASAN JUDGE ds