Kerala High Court
Harake Gade vs State Of Kerala on 26 October, 2016
Author: P.Ubaid
Bench: P.Ubaid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
WEDNESDAY, THE 26TH DAY OF OCTOBER 2016/4TH KARTHIKA, 1938
Bail Appl..No. 7558 of 2016 ()
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CRIME NO. 86/2016 OF VANITHA POLICE STATION,THRISSUR DISTRICT
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PETITIONER/ACCUSED:
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HARAKE GADE,
AGED 51 YEARS, W/O. RAVU,
BOIMAD, RAIGAD DISTRICT, ORISSA,
(F.R.P.NO.1041, VANITHA JAIL, THRISSUR,
PIN-680 010).
BY ADV. SRI.MANJU ANTONEY
RESPONDENT/COMPLAINANT:
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STATE OF KERALA,
REPRESENTED BY THE SUB INSPECTOR OF POLICE,
VANITHA POLICE STATION, THROUGH PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.
BY PUBLIC PROSECUTOR SRI.SAJJU.S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 26-10-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
sts
P.UBAID, J.
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B.A.Nos.7558 of 2016
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Dated this the 26th day of October, 2016
O R D E R
The petitioner herein is the sole accused in Crime No.86/2016 of the Vanitha Police Station, Thrissur, registered under Section 370(5) IPC, under Section 118(1) of the Kerala Police Act, and under Section 24 of the Juvenile Justice (Care and Protection of Children) Act. She seeks regular bail under Section 439 of the Code of Criminal Procedure. The application filed by her for regular bail was dismissed by the learned Additional Sessions Judge-I, Thrissur, on 28.09.2016. The petitioner has been in judicial custody since 04.04.2016.
2. This is a case of human trafficking where a mother allegedly sold her own daughters, six in number, to different persons here, in Kerala. All the children were brought by her from Odisha, and it is alleged that the petitioner herein has received huge amount from various persons as consideration for the sale of the children, for domestic works. Now, there is report from the police that the investigation is over, and the B.A.No.7558 of 2016 2 police has submitted final report in court. The case is now pending as S.C.No.685/2016 before the Special Court, Thrissur. The petitioner was denied bail by the court below in the interest of a fair investigation. Now that the final report is before the court, the concern of the court must be whether the petitioner will abscond from legal process, if she is released on bail. She is a native of Odisha. The allegations against her are serious in nature. At this stage, the trial court must be the right court to decide whether there is possibility of trial being obstructed, or whether the petitioner will abscond, if she is released on bail. Any possibility of the material witnesses, including the small children, being influenced or won over, also can be examined by the court below. The petitioner can very well approach the court below for regular bail in the present circumstances where final report is before the court. Let the request for bail be considered by the trial court appropriately in the present circumstances.
Giving the petitioner such liberty to approach the trial court again, this application is disposed of.
Sd/-
P. UBAID, JUDGE
sd // True Copy // P.A. to Judge