The Court granted bail to petitioners arrested under serious provisions including IPC and POCSO for alleged involvement in procuring a minor for prostitution, subject to personal bond, sureties, and daily reporting.
Release on bail with personal bond of Rs. 10,000 and two sureties, conditional on daily reporting twice daily.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Crl.O.P.No. 6 5 0 9 of 2 0 1 6
K. KALYANA S U NDARAM, J.
The petitioners are A3 to A5 and they were arrested and remanded to
judicial custody on 12.01.2016 for the alleged offences punishable under sections 366(A), 370(4), 370 A(1), 372, 737, 376(2)(i) of IPC and Section 17 read with 4 of Protection of Children from Sexual Offences Act 2012 and Sections 3(2)(a), 4(1), 5(1) of ITP Act 1956 and Sections 23 and 26 of J J Act 2000, in Crime No. 1 of 2016 on the file of the respondent police and hence, seek bail.
2
there are totally nine accused in this case and all of them have been secured
and they are in judicial custody. It is further submitted that the first accused, who is prime accused, has been detained under Act 14 of 1982 and the
allegation against the petitioners are that they are working as employees in the lodge.
innocent persons and they have not committed any offence as alleged by the
prosecution and they are in judicial custody for more than 80 days and they are ready to co-operate for investigation and trial.
vehemently oppose the bail petition contending that when the victim was in
MCCSS, the first accused had kidnapped her to use for prostitution. It is further contended that the investigation is at prime stage and if the accused
are granted bail, they would either tamper the witnesses or hamper the investigation.
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the respondent submitted that as per the order of this Court, the pregnancy of
the victim was terminated and now they are waiting for DNA test to file a
charge sheet and there is no previous case against the petitioners.
inclined to grant bail to the petitioners with certain conditions.
the petitioners shall report before the respondent police daily twice at 10.00
a.m., and 05.00 p.m., until further orders.
v s g
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K. KALYANA S U NDARAM, J.
vsg
Crl.O.P.No. 6 5 0 9 of 2 0 1 6
1 1. 0 4. 2 0 1 6
(2/2)
2 issues framed by the court
Whether bail should be granted to petitioners arrested for sexual offences involving a minor and accused of procuring her for prostitution.
Whether the petitioners' cooperation with investigation and lack of prior criminal record warrants interim relief.
4 provisions across 4 enactments
K. KALYANA SUNDARAM - PETITIONERS
STATE
K. KALYANA SUNDARAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
K. KALYANA SUNDARAM
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