Sali Damodaran vs State of Kerala

Justice P. Bhavadasan

Petitioner who is the first accused is alleged to have committed offences punishable under Sections 3(1), 4(1) and 5(1) of the Immoral Traffic Prevention Act. The incident which gave rise to the crime is alleged to have occurred on 19.10.2012 at 2.45 pm when on the police station concerned getting reliable information conducted search of the house which was taken on rent by the petitioner and found immoral activities being carried on there.

The persons who are found indulging in immoral activities were also taken into custody. The petitioner was also booked for the offences.

The petitioner would say that the allegations against her are false and she has been unnecessarily implicated without any justification. She claims to be running a catering service and she would say she had nothing to do with the incident. At any rate, it is pointed out by her that she has been in custody from 16.11.2012 and also the fact that the other accused have been released on bail. It is contended that the continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition pointing out that the investigation is still going on. On hearing the learned counsel for the petitioner, the learned Public Prosecutor and on going through the records made available for perusal the claim of the petitioner that she is innocent cannot be countenanced. Determination of the veracity or genuineness of the allegations does not arise for consideration now. However, considering the fact that the petitioner has been in custody from 16.11.2012 onwards and also the fact that the other accused have been granted bail, since no apprehension is expressed by the investigating agency that if released on bail the petitioner is likely to abscond, her continued custody appears to be unnecessary. The petition is allowed as follows:

1) The petitioner shall be released on bail on her executing a bond for Rs. 25,000/-(Rupees Twenty five thousand only) with two solvent sureties for the like sum each to the satisfaction of the Judicial Magistrate of the First Class-I, Thrichur.

2) The learned Magistrate shall ensure the identity of the sureties and veracity of the tax receipts produced by the sureties.

3) The petitioner shall appear before the Investigating Officer on every Wednesday between 9 A.M. and 10 A.M. till final report is laid.

4) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.

5) If any of the condition is violated, the bail granted shall stand cancelled, and the JFCM concerned, on being satisfied of the said fact, may take such proceedings as are available to him in law.