Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR MONDAY ,THE 25TH DAY OF MARCH 2019 / 4TH CHAITHRA, 1941 Bail Appl..No. 1476 of 2019 AGAINST THE ORDER/JUDGMENT IN CRMC 275/2019 of DISTRICT COURT & SESSIONS COURT, ERNAKULAM AGAINST THE ORDER/JUDGMENT IN CMP 270/2019 of JUDICIAL MAGISTRATE OF FIRST CLASS - I, NORTH PARAVUR CRIME NO. 36/2019 OF Vadakkekara Police Station , Ernakulam PETITIONER/S: RAVI, AGED 32 YEARS S/O RAJA, SUNIL NR, B-1ST/621, 1ST FLOOR, DR. AMBEDKAR NAGAR, SOUTH DELHI, DELHI - 110 062. BY ADV. SRI.K.MOHAMMED RAFEEQ RESPONDENT/S: STATE OF KERALA, REPRESENTED BY GOVERNMENT PLEADER, HONOURABLE DISTRICT AND SESSIONS COURT - ERNAKULAM THROUGH THE SUB INSPECTOR OF POLICE, VADAKKEKKARA POLICE STATION. BY ADVS. GOVERNMENT PLEADER SRI.SUMAN CHAKRAVARTHY, SENIOR GOVT.PLEADER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.03.2019, ALONG WITH Bail Appl..1510/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: -2-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR MONDAY ,THE 25TH DAY OF MARCH 2019 / 4TH CHAITHRA, 1941 Bail Appl..No. 1510 of 2019 AGAINST THE ORDER/JUDGMENT IN CRMC 275/2019 of DISTRICT COURT & SESSIONS COURT, ERNAKULAM DATED 18-02-2019 CMP 267/2019 of JUDICIAL MAGISTRATE OF FIRST CLASS - I, NORTH PARAVUR DATED 31-01-2019 CRIME NO. 36/2019 OF Vadakkekara Police Station , Ernakulam PETITIONER/S: ANILKUMAR AGED 44 YEARS S/O.SANKARAN, SOUGANDHIKAM, NEAR PANANGODE, VENGANOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT - 695 527. BY ADVS. SRI.V.S.VINEETH KUMAR SHRI.MATHEW K.T. SHRI.SUNIL KUMAR A.G SMT.BHANU THILAK SRI.GEORGE MATHEW
RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. -3- 2 THE STATION HOUSE OFFICER VADAKKEKARA POLICE STATION, NORTH PARUR, ERNAKULAM DISTRICT- 683 522, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA - 682 031. OTHER PRESENT: SRI.SUMAN CHAKRAVARTHY,PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.03.2019, ALONG WITH Bail Appl..1476/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: -4-
ORDER
The petitioners are accused Nos. 3 and 7 in Crime No. 36 of 2019 of Vadakkekara Police Station. The offences alleged are punishable under Sections 12(1)(a) of Passports Act, 1967 and Sections 10 and 22 read with Section 24 (1) (a) of Emigration Act, 1983, Section 14A of Foreigners Act, 1946 and Sections 109, 120B, 468, 471 and 370(3) read with Sections 34 IPC.
2. The petitioners were arrested on 25-01-2019 and ever since they have been in custody.
3. Heard.
4. The prosecution allegation is that 87 persons -5-
including women and children were sent from Malliyankara Shore (Munambam Coast) on 12-1-2019 to an unknown destination in a boat without having any valid travel document. It is alleged that the petitioners along with the other accused conspired with a view to earn huge monetary benefit and chalked out the plan of illegal emigration through Arabian Sea. They instigated a
group of people belonging to different States and Srilankan Citizens to depart from India without any valid travel document. It is alleged that the petitioners collected huge amount promising jobs in New Zealand. It is also alleged that the petitioners had the fraudulent intention of collecting huge money from the said persons.
5. It has been revealed in the investigation that the -6-
offence under Section 370 IPC is attracted in this case. Since the offence alleged in this case would involve the trafficking of more than one person, the offence under Section 370 (3) IPC is prima facie attracted.
6. The learned counsel for the 3rd accused has submitted that the 3rd accused is innocent and that the 3rd accused had no conspiracy at all with the other
accused. He had given his boat for lease and at the time of giving the boat on lease, the documents from the first accused was collected and the said documents alone were seized in the house search of the 3 rd accused. It has been further submitted by the learned counsel for the 3 rd accused that the third accused is having wife and -7- children to be looked after.
7. The learned counsel for the 7 th accused has
submitted that the 7th accused had nothing to do with the offences alleged and that the 7 th accused was arrested by the police when he came to Kerala to meet his in-laws. The 7th accused also came to know that the parents of the 7th accused were also taken in the boat to some unknown destigation, submitted by the learned counsel. The 7 th accused was not having any role in the matter and hence the further detention of the 7th accused is not necessary.
8. It appears that various documents including passports were seized in this case. The offence under -8- Section 370 (3) IPC was incorporated only after the arrest
of accused Nos. 2 and 10 to 15. Accused Nos. 2 and 10 to 14 were arrested on 22-3-2019 and accused No. 15 was arrested on 23-3-2019. On interrogation of the newly arrested accused, it was revealed that there was human trafficking in this case, submitted by the learned Senior Public Prosecutor. It appears that 70% of the amount for purchasing the boat was taken by the third accused and 30% of the amount was taken by the first accused. It has been further submitted by the learned Senior Public Prosecutor that after purchasing the boat, internal arrangements were made in the boat, to facilitate transportation of the passengers in the said boat. It is not disputed that the boat is presently in the name of the 3 rd -9- accused. It appears that 13500 litre of diesel was also collected in the said boat. A temporary toilet was also made inside the said boat.
9. It is true that the petitioners have been in
custody eversince their arrest on 25-1-2019. The allegations against the petitioners are grave in nature, affecting the security of the Nation. However, there are materials to connect the petitioners with the offences alleged. Even now, the prosecution could not locate the victims. It is only after locating the victims, the actual purpose for which they were taken in the boat, will be
revealed. Taking persons from India to unknown destination cannot be viewed lightly. The investigation -10- is only at the infancy stage. Therefore, if the petitioners are released on bail at this stage, that may affect the investigation adversely. Considering the nature and gravity of the offences alleged against the petitioners, I am not inclined to grant bail to the petitioners at this stage, particularly when the investigation is only at the infancy stage even now. In the result, these applications stand dismissed Sd/-B.Sudheendra Kumar, Judge. ani/ /true copy/