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2011 Supreme(Ker) 773

High Court of Kerala
K.T. SANKARAN
Souda Beevi
Versus
Sub Inspector of Police, Pallicka Police Station, Thruvananthapuram District & Another
Bail Appl. Nos. 5198, 5358, 5620 of 2011
Decided on : 17-08-2011

Appearing Advocates:
For the Petitioner:V. Sethunath, Prakash Kesavan, Advocates.
For the Respondents: V. Manu, Public Prosecutor.

Headnote:

Code of Criminal Procedure, S.439 - Ss.120-B, 417, 420, 366, 342, 376(2)(g) and 34 - Immigration Act, 1983 -S.10 read with S.24(b)(f)(g) - Bail application - De facto complainant (victim) was provided with a visa by the first accused - de facto complainant was assured a job in a supermarket at Sharjah. On reaching Sharjah, the victim was illegally detained in a flat and she was compelled to have sexual relationship with several persons against her consent and will. The victim was beaten by Souda Beevi and Ahammed, when she resisted the sexual exploitation. It is also alleged that the 2nd accused Ahammed also raped the victim - Accused persons presented the victim to several persons after receiving money from the 'customers'. Some of the Keratites helped the victim to escape and seek refuge at the Indian Consulate in Dubai - Held, Section 438 of the Code of Criminal Procedure provides that where any person has reason to believe that he may be arrested on an accusation of having committed a non bailable offence, he may apply to the High Court or the Court of Session for a direction under the section and the Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail. Sub-s.(2) of S.438 provides that when the court makes a direction under sub-s.(1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including those mentioned in clauses (i) to (iv) in sub-s.(2). Clause (iii) thereof is condition that the person shall not leave India without the previous permission of the Court - Bail Applications are dismissed

Judgment :-

1. Bail Application Nos. 5198 of 2011 and 5358 of 2011 are under Section 439 of the Code of Criminal Procedure filed by Souda Beevi (accused No.1) and Ahammed (accused No.2) respectively in Crime No. 638 of 2007 of Pathanamthitta Police Station. Souda Beevi was arrested on 20.6.2011 and Ahammed was arrested on 25.5.2011. Bail Application No.5620 of 2011 is filed by Souda Beevi, accused No.1 in Crime No. 398 of 2011 of Pallickal Police Station, under Section 439 Crl.P.C. she was arrested in that case on 2.7.2011.

2. The offences alleged in Crime No. 638 of 2007 of Pathanamthitta Police Station are under Sections 120-B, 417, 420, 366, 342, 376 (2) (g) and 34 of the Indian Penal Code, Section 10 read with Section 24 (b) (f) (g) of the Immigration Act, 1983 and Section 5 of the Immoral Traffic (Prevention) Act. The allegations leveled against the accused are the following. The defacto complaint (victim) was provided with a visa by the first accused Souda Beevi and the 2nd accused Ahammed, to go to Sharjah on 19.7.2007. The de facto complaint was assured a job in a supermarket at Shajah. On reaching Sharjah, the victim was illegally detained in a flat and she was compelled to have sexual relationship with several persons against her consent and will. The victim was beaten by Souda Beevi and Ahmmed, when she resisted the sexual exploitation. The victim was taken to several flats in Dubai also. It is also alleged that the 2nd accused Ahammed also raped the victim. The accused persons presented the victim to several persons after receiving money from the ‘customers’. Some of the Keralites helped the victim to escape and seek refuge at the Indian Consulate in Dubai. The victim stayed at the shelter premises of the Consulate from 29th July 2007 to 12th August 2007. The victim was repatriated to Kochi on 13.8.2007.

3. The victim reported the matter at Pathanamthitta Police Station on 20.8.2007 and Crime No.638 of 2007 was registered. The Crime was invested by the Circle Inspector of Police, Pathanamthitta. He filed a final report on 27.8.2009 before the Magistrate’s Court stating that the crime was undetected.

4. The victim filed W.P.(C) No.4748 of 2010 before the High Court complaining that the police did not investigate the case properly. Meanwhile, the Deputy Superintendent of Police filed a report before the Court of the Judicial Magistrate of the First Class, Pathanamthitta and sought permission to conduct further investigation in the Crime. W.P.(C) No. 4748 of 2010 was disposed of by the Division Bench of this Court directing the investigation of the Crime to be conducted by the Inspector General of Police, Thiruvananthapuram Range. The State was directed to render necessary support and assistance for the investigation. The Division Bench also held that the investigation will be monitored by the High Court. The Division Bench took note of the report submitted by the Inspector General of Police, Thiruvananthapuram Range that none of the investigating officers did investigate the case satisfactorily.

5. The Inspector General of Police scrutinized the investigation and appropriate action was taken against the erring officers. The Circle Inspector of Police and two Sub Inspectors were placed under suspension and departmental enquiry was ordered against them.

6. As per the direction of the Division Bench, a special investigation term was constituted and the investigation of the case is in progress. Statements of the victim and several others were recorded. It is stated that the statement of the victim was also videographed.

7. On a search conducted at the residence of Souda Beevi, one visa of a woman, blank passport application forms, telephone directory and some other documents were seized.

8. Souda Beevi came to India from abroad on 17-6-2011. She surrendered before police on 20.6.2011. She was arrested by the Special Investigation Team on 20.6.2011. It was revealed that the Passport of Souda Beevi was not genuine. It









































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