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2015 Supreme(Ker) 1548

K.HARILAL
VIJAYAKUMAR – Appellant
Versus
STATE OF KERALA – Respondent


Advocates Appeared:
For the Appellant :M. Balagovindan and S. Shibu Kumar, Advocates.
For the Respondent: P. Maya, Public Prosecutor.

ORDER :

K. HARILAL, J.

1. The petitioners are accused Nos. 5, 6 and 7 in Crime No. 653/2015 of Pozhiyoor Police Station, on the files of Judicial First Class Magistrate Court-II, Neyyattinkara. The 2nd respondent registered the above crime against the petitioners and others under Immoral Traffic (Prevention) Act, 1956 (hereinafter referred to as 'the Act'), alleging the commission of offences punishable under Section 3, 4(1), 5 and 7 of the said Act.

2. According to prosecution, the accused No. 1 with the assistance of accused No. 2 has been conducting a home stay and on 19/09/2015, Sub Inspector of Parasala Police Station has conducted a raid in the said home stay and at that time, the petitioners were found there in a room along with two ladies and they were taken into custody and registered the said crime. According to the petitioners, they have not committed any of the offences either under the Act or any other Act, even according to the First Information Report, filed before the Judicial First Class Magistrate Court. Therefore, neither any investigation can be made nor any charge can be levelled against the petitioners under any of offences provided under the Act, on the basis of







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