Kerala High Court
Vishnu Vinod vs State Of Kerala on 28 October, 2020
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 28TH DAY OF OCTOBER 2020 / 6TH KARTHIKA, 1942
Bail Appl.No.6687 OF 2020
CRIME NO.1312/2020 OF Adimaly Police Station , Idukki
PETITIONER/S:
VISHNU VINOD
AGED 22 YEARS, S/O.VINOD,
AKATHARAYIL HOUSE, IRUMBUPALAM P.O.,
VALARA, IDUKKI DISTRICT - 685561.
BY ADV. SRI.LATHEESH SEBASTIAN
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682031.
OTHER PRESENT:
SRI.C.N.PRABHAKARAN, SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
28.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl.No.6687 OF 2020
2
O R D E R
Dated this the 28th day of October 2020 This is an application for anticipatory bail under Section 438 of Cr.P.C.
2. The applicant is the 2nd accused in Crime No.1312/2020 of Adimali Police Station, for having allegedly committed the offences punishable under Sections 3, 4 and 5 of Immoral Traffic (Prevention) Act.
3. The prosecution case, in brief, is that the applicant was allegedly conducting a homestay by the name "Rock Fort" at Koombanpara in Adimali. On coming to know about that, the Station House Officer of Adimali Police Station conducted a search of the place on 05.10.2020 and found two sets of people allegedly involved in prostitution. The 1st accused, who is the owner of the homestay, which is being conducted as a brothel house, was arrested, and thereafter released on bail.
Bail Appl.No.6687 OF 2020 3
4. The applicant states that he is innocent and the allegations are not true. He is only the Manager of the homestay and has nothing to do with the conduct of the homestay, and therefore, prays that he may be released on anticipatory bail.
5. Heard the learned Counsel for the applicant and the learned Public Prosecutor.
6. The applicant was admittedly functioning as the Manager of the homestay, which according to the prosecution was conducting as a brothel house. Accused 1, 3 and 4 were subsequently released on bail. But that does not in any way grant any right to the applicant to get the exceptional remedy of anticipatory bail in this crime. Being the Manager, he is definitely responsible for the affairs of the homestay, which according to the prosecution is a brothel house.
In the result, the bail application is dismissed with a direction to the applicant to surrender before Bail Appl.No.6687 OF 2020 4 the investigating officer within two weeks. In the event of his being arrested, after interrogation, he shall be produced before the jurisdictional court, where he is at liberty to apply for regular bail, which shall be considered and disposed of preferably on the same day.
Sd/-
dkr ASHOK MENON
JUDGE