Lenin Johny vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail under Section 439 of Code of Criminal Procedure, 1973.

Petitioner is the 15th accused in Crime No.272/2022 of the Ambalavayal Police Station, Wayanad. The offences alleged against him are under Sections 143, 144, 147, 148, 341, 450 and 354A(1)(i) r/w Sections 354A(2), 354B, 376(2)(g), 395, 370 and 506 r/w Section 149 of the Indian Penal Code, 1860 and Section 4(2)(c) r/w Section 3(2)(a) of Immoral Traffic Prevention Act, 1956 and Section 66(E) of Information Technology Act, 2000.

The prosecution case is that accused Nos.9 to 11 trafficked the de-facto complainant for the purpose of prostitution from Kodag in Karnataka to a home stay at Wayanad and accused Nos.1 to 8, in furtherance of their common object, formed themselves into an unlawful assembly, armed with deadly weapons and trespassed into the home stay and accused Nos.A1 to A4 committed rape on the de-facto complainant and also recorded on their mobile phones the video of the overt acts committed by them. It is alleged that the accused persons are conducting a brothel under the guise of a home stay while the 15th accused, who is an agent, was supplying women for prostitution to the home stay and the accused committed robbery of the ornaments and mobile phone of the de-facto complainant, thereby committing the offences alleged against them.

Shri.C.M.Nazar, the learned counsel for the petitioner contended that there is absolutely no evidence against the petitioner and he has been roped in without any basis.

Smt.Nima Jacob, the learned Public Prosecutor, on the other hand opposed the grant of bail and submitted that petitioner is the kingpin of the entire immoral traffic and he ought not be released on bail.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. Petitioner was remanded to judicial custody on 26.05.2022. In view of the nature of the offences alleged, I do not find any reason to hold that the continued detention of the petitioner is required. Therefore, the petitioner is entitled to be released on bail.

In the result, this application is allowed on the following conditions:-

i) Petitioner shall be released on bail on his executing a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Court having jurisdiction.

ii) Petitioner shall appear before the Investigating officer as and when required.

iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or their family members.

iv) Petitioner shall not commit any offence while he is on bail.

v) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.