Criminal Miscellaneous Application(Bail) No. 261 of 2010. Case: Sawan Lalaso Patil @ Krupacharya Lalaso Vs State. High Court of Madras (India)
| Case Number | Criminal Miscellaneous Application(Bail) No. 261 of 2010 |
| Counsel | For Appellant: Nigel Da Costa Frias, Adv. and For Respondent: C.A. Ferreira, Public Prosecutor |
| Judges | N.A. Britto, J. |
| Issue | Immoral Traffic(Prevention) Act, 1956 - Sections 3, 4, 5 and 6 |
| Judgement Date | December 16, 2010 |
| Court | High Court of Madras (India) |
Order:
N.A. Britto, J.
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The applicant herein has filed the present application for bail, after bail has been denied to him by Order dated 26-11-2010 of the learned Children's Court at Panaji.
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The applicant was arrested on 2-11-2010 and since then he has been in custody. Crime No.284/10 was registered at Panaji Police Station on 30-10-2010 under Sections 3, 4, 5 and 6 of the Immoral Traffic(Prevention) Act, 1956 upon a complaint filed by Shri Chodankar, the Police Inspector of Panaji Police Station.
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According to the prosecution, a trap was laid near Junta House by deputing a decoy customer and accused Amjad Waqat Hussein Khan and accused Manoj Kumar Rajinder were caught red handed while supplying the victim girls for the purpose of prostitution against their wishes. Two other accused by name Mr. Javed and Sunita Javed are stated to be absconding. The aforesaid two accused are stated to have procured the victim girls for the purpose of prostitution. The applicant/accused was arrested, as already stated on 2-11-2010, having been identified by another witness as the person who had supplied Miss J alias Miss S (names withheld) to the said Manoj Kumar.
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The other two girls are known as "R" and "K"(names withheld). The bail has been denied to the applicant herein by the learned Presiding Officer of the Children's Court with the observation that the investigating agency ought to have been given sufficient opportunity to investigate as the offences are of serious nature. Miss "K" is stated to be a minor, and, the punishment provided under Section 5(1) of the said Act for procuring a minor for prostitution is minimum of seven years imprisonment which could extend to fourteen years.
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Shri C. A. Ferreira, the learned Public Prosecutor fairly concedes that none of the victims in their statements have implicated any of the accused and, it appears that they have not at all been...
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