Petitioner is the 7th accused in Crime No.753 of 2014 of the Kothamangalam Police Station for the offence punishable under Sections 2 to 5 of the Immoral Traffic (Prevention) Act, apprehends arrest and has filed this application. 2. Learned Public Prosecutor has opposed the application.
It is submitted that on 29.03.2014 at 11.00 a.m accused 1 to 6 were found engaged in prostitution in a resort belonging to the petitioner. It is submitted that complicity of the petitioner is also revealed in the investigation.
3. Learned counsel submitted that the petitioner is living far away from the resort and goes there only occasionaly as he has got other business also. It is submitted that the prosecution has no case that the petitioner was present at the time when the alleged incident occurred. Petitioner was not aware of happening of the alleged incident.
4. Having regard to the circumstances of the case including the role attributed to the petitioner, I am satisfied that custodial interrogation of the petitioner is not required. Hence I am inclined to grant relief.
Application is allowed as under:
(i) Petitioner shall surrender before the the Officer investigating Crime No.753 of 2014 of the Kothamangalam Police Station on 03.06.2014, at 10.00 a.m for interrogation.
(ii) If interrogation of the petitioner is not 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) In case petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day.
(iv) On such production, the petitioner shall be released (if not required to be detained otherwise) on his executing bond for Rs.20,000/- (Rupees twenty 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 every alternate Saturday between 10.00 a.m and 12.00 p.m for a period of two months or until final report is filed, whichever is earlier.
(c) Petitioner shall report to the officer investigating the case as and when required for interrogation at all reasonable time and place.
(d) Petitioner shall not get involved in any offence during the period of this bail.
(e) Petitioner shall not intimidate or influence the witnesses.
(v) In case the petitioner violates any of conditions (b) to (f), it is open to the investigating Officer to move the learned magistrate for cancellation of the bail as held in P.K.Shaji v. State of Kerala (AIR 2006 SC 100).
THOMAS P. JOSEPH, JUDGE.
vsv