Petitioner is the 5th accused in Crime No.482 of 2014 of the Valiyathura Police Station for the offences punishable under Sections 3, 4, 5 and 7 of Immoral Traffic Prevention Act (for short 'Act') apprehends arrest and has filed the application.
2. Application is opposed by the learned Public Prosecutor.
3. It is submitted that the accused 1 and 2 took a room in the tourist home of the petitioner and engaged in sexual activities as understood by the Act. Petitioner is also involved in Crime Nos.47 of 2010 and 222 of 2010 for the same offence.
4. Learned counsel submits that the petitioner is not involved. He was not present at the tourist home at the time of occurrence. The accused 1 and 2 took room recording them in the register of the tourist home as husband and wife. The 4th accused who is the Manager had collected their identity cards and only thereafter the room was allotted.
5. It does not appear to me that the prosecution has a case that the petitioner was present at the place of occurrence at the relevant time. Having regard to the circumstances, I am inclined to think that custodial interrogation of the petitioner is not required. Hence I am inclined to grant relief but subject to conditions.
Application is allowed as under:
(i) Petitioner shall surrender before the officer investigating Crime No.482 of 2014 of the Valiyathura Police Station on 28.05.2014 at 10 a.m for interrogation.
(ii) If interrogation of the petitioner could not be completed that day, he shall appear before the officer investigating the case on the day/days and time as directed by him which the petitioner shall comply.
(iii) Petitioner shall co-operate with the investigation of the case.
(iv) In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day.
(v) On such production, the petitioner shall be released on bail, if not required to be detained otherwise on his executing bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:
(a) One of the sureties shall be a close relative of the petitioner.
(b) Petitioner shall report to the officer investigating the case on every alternate Saturday between 10.00 a.m and 12.00 p.m for a period of two months or until filing of the final report whichever is earlier.
(c) Petitioner shall report to the officer investigating the case as and when required for interrogation.
(d) Petitioner shall not get involved in any offence during the period of this bail.
(e) Petitioner shall not intimidate or influence the witnesses.
(vi) It is made clear that in case any of condition Nos.
(b) to (e) is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the learned magistrate as held in P.K. Shaji V. State of Kerala (AIR 2006 Supreme Court 100).
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge