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This Product is Licensed to K. RETHNA KUMAR & MIDHUN R, ADVOCATES, THALASSERY

2020 0 Supreme(Ker) 17

IN THE HIGH COURT OF KERALA AT ERNAKULAM

P.B.SURESH KUMAR, J.
Faisal Babu, S/o. Kunji Moideen and Ors - Appellant
Versus
The State of Kerala Rep. By The Sub Inspector of Police, Mala Police Station - Respondent
Bail Appl..No.276 of 2020
Decided On : 20-01-2020

Indian Penal Code-370, 376, 376D, 120B -The Immoral Traffic (Prevention) Act- Sections 3(1) and 3(2)(a) and
3(2)(b)- The First Information Statement refers to several places including lodges where the de facto complainant
had to undergo sexual intercourse with people mentioned therein. The petitioners are arrayed as accused in the case
in their capacity as the persons managing one among the lodges referred to in the First Information Statement-Bail
granted.

Statement of facts:

The petitioners are accused Nos.20 and 21 in Crime No.637 of 2019 of Mala Police Station registered under Sections
370, 376, 376D, 120B of the Indian Penal Code and Sections 3(1) and 3(2)(a) and 3(2)(b) of the Immoral Traffic
(Prevention) Act. The accusation against the accused in the case in essence is that the de facto complainant was
trapped by accused Nos.1 to 3 through social media and forced her by blackmailing and other means to have sexual
intercourse with several people at different places. The petitioners are in custody since 09.01.2020.

Finding of the court:

The First Information Statement refers to several places including lodges where the de facto complainant had to
undergo sexual intercourse with people mentioned therein. The petitioners are arrayed as accused in the case in their
capacity as the persons managing one among the lodges referred to in the First Information Statement-Bail granted

Result: Allowed

IMMORAL TRAFFIC PREVENTION ACT : S.3(1), S.3(2)(a), S.3(2)(b) INDIAN PENAL CODE : S.120(b), S.370,
S.376, S.376(d)

Advocate Appeared :
For the Appellant : Sri.N.L.Bitto
For the Respondent : Sri. Santhosh Peter, Public Prosecutor

ORDER :

1. This is an application for regular bail under Section 439 of the code of Criminal Procedure.

2. The petitioners are accused Nos.20 and 21 in Crime No.637 of 2019 of Mala Police Station registered under Sections 370,
376, 376D, 120B of the indian penal code and Sections 3(1) and 3(2)(a) and 3(2)(b) of the Immoral Traffic (Prevention) Act.
The accusation against the accused in the case in essence is that the de facto complainant was trapped by accused Nos.1 to 3
through social media and forced her by blackmailing and other means to have sexual intercourse with several people at
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different places. The petitioners are in custody since 09.01.2020.

3. Heard the learned counsel for the petitioners as also the learned Public Prosecutor.

4. The learned Public Prosecutor has made available the First Information Statement of the de facto complainant and I have
meticulously perused the same.

The First Information Statement refers to several places including lodges where the de facto complainant had to undergo
sexual intercourse with people mentioned therein. The petitioners are arrayed as accused in the case in their capacity as the
persons managing one among the lodges referred to in the First Information Statement.

Having regard to the accusation against the petitioners and their custody since 09.01.2020, I am inclined to enlarge the
petitioners on bail on the following terms:

(i) The petitioners shall execute bond for a sum of Rs.50,000/-each with two solvent sureties each for the like sum to
the satisfaction of the jurisdictional court.

(ii) The petitioners shall appear before the Investigating Officer on all Saturdays between 9.00 a.m. and 10.00 a.m.
for a period of two months from the date of release or till final report is filed, whichever is earlier.

(iii) The petitioners shall not intimidate or attempt to influence the witnesses nor shall they tamper with the evidence.

(iv)The petitioners shall not commit any offence while on bail.

(v) The petitioners shall not leave the country without the permission of the jurisdictional court.