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2013 DIGILAW 429 (KER)

Raju Mathew v. State of Kerala rep. by Public Prosecutor

2013-06-03

P.BHAVADASAN

body2013
Judgment : 1. The petitioner is one of the accused in Crime No. 726/CR/OCW-II/Ekm of CBCID, Ernakulam and also in Crime No. 524/CR/OCW-II/Ekm of CBCID, Ernakulam. The petitioner in B.A.No. 3597/2013 is alleged to have committed the offences punishable under Sections 341, 342, 363, 365, 366, 368, 376, 377, 420 read with Section 34 of Indian Penal Code and Sections 3, 4, 5 and 6 of Immoral Traffic Prevention Act, 1956. In Crime No. 524/CR/OCW-II/Ekm, the offences alleged against the petitioner are under Sections 419, 468 and 471 read with Section 34 of Indian Penal Code and Section 12 (1)(b) and (d) of Passport Act. 2. The allegation against the petitioner in these two cases is that he facilitated the voyage of a lady who ultimately entered into sex racket and subjected to prostitution. 3. According to the petitioner, he is innocent and has been falsely implicated in the matter. It is pointed out that he had nothing to do with the checking of the passports and he only sent the victim to the relevant counter. At any rate, it is pointed out that he has been in custody from 04.04.2013 and his continued custody is unnecessary. 4. Learned Public Prosecutor very vehemently opposed the petition and pointed out that the issue is a serious one and the matter is under investigation. 5. Case Diary was made available for perusal. It is seen that the petitioner is given police custody on 05.04.2013 and was re-produced on 11.04.2013 and in both cases, custodial interrogation is over. It is true, if the allegations are proved, they are serious and grave in nature. At any rate, the petitioner has been in custody from 04.04.2013 on wards. Since no apprehension is expressed by the investigating agency that if released on bail, the petitioner is likely to abscond, his continued custody appears to be unnecessary. Therefore, the applications are allowed as follows: i) The petitioner shall be released in each of these cases on bail on his executing bond for Rs. 25,000/- (Rupees Twenty Five thousand only) in each cases 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 produced by him. 25,000/- (Rupees Twenty Five thousand only) in each cases 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 produced by him. iii) The petitioner shall report before the Investigating Officer on every Thursday between 9 a.m. and 10 a.m. until further orders. iv) The petitioner shall surrender his passport before the Court concerned and if does not possess a valid passport, an affidavit to that effect shall be filed before the Court concerned. v) The petitioner shall not leave the State of Kerala without prior permission of the Court concerned. vi) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witness. vii) If any of the condition is violated, the bail granted shall stand cancelled and the Court concerned, on being satisfied of the said fact, may take such steps as are available to him in law.