The involvement of customers in prostitution activities may attract liability under Section 5 of the Immoral Traffic (Prevention) Act.

O R D E R

The petitioners in these petitions are accused Nos.3 and 4 of Crime No.1871/2024 of Ernakulam Central Police Station. The aforesaid crime was registered in respect of the commission of offence under Section 143 of the Bharatiya Nyaya Sanhita ( BNS ), and Sections 4 , 5 and 6 of the Immoral Traffic (Prevention) Act (hereafter referred as ‘the Act’), consequent to the action taken, following the directions of the Assistant Commissioner of Police, who received information from the Special Branch Assistant Commissioner, Kochi City that under the guise of ayurvedic treatment, prostitution was being carried on in several institutions in the residential areas of Kochi. Accordingly, the police team from Ernakulam Central Police Station conducted an inspection in the institution named as Moksha Ayurveda Clinic, functioning in Kalabhavan Road near Town Hall in Kochi. During the course of such inspection done at 07:34 p.m on 24.12.2024, it was found that the petitioners herein, along with some other customers, were indulging in sex with ladies in the massage rooms of that institution. Accordingly, proceedings were initiated against the petitioners herein and the other persons, including the ladies who were found indulging in sex with the petitioners, in connection with the prostitution carried on there, under the guise of ayurvedic massage centre.

2. In the present petitions, the petitioners would contend that they are totally innocent and that they have been falsely implicated in these cases. According to the third accused, who is the petitioner in Crl.M.C.No.603/2025, he had gone to the above institution by name Moksha Ayurvedic Clinic for physical as well as mental relaxation by way of ayurvedic massaging. It is stated that the police team took him into custody while he was waiting at the above said massage centre for his turn, after making payment of Rs.2,500/- at the reception. According to the 4th accused, who is the petitioner in Crl.M.C.No.567/2025, he went to the above ayurvedic massage centre for the cure of his body pain especially at the shoulder portion, pursuant to the treatment which he had been following from an ayurvedic and allopathic physician. He would also contend that the police took him into custody at a time when he was waiting at the reception for his turn of ayurvedic massaging, after the payment of Rs.4,500/-. Thus, it is stated that the petitioners were patients, who were attending an ayurvedic clinic for treatment of their body ailments, and hence the prosecution initiated against them for the commission of offences under Sections 4 , 5 and 6 of the Act, is prima facie unsustainable. According to the petitioners, none of the offences alleged in the F.I.R registered in these cases are attracted against them. They would further contend that the malafides in initiating proceedings by the police is apparent from various reasons like - the delay of 41 days in initiating proceedings after getting information about the illicit business being carried on, the failure to conduct medical examination of the victims as well as the accused, the inclusion of the names of two persons residing at Thrissur as the first and second accused while the F.I.R was being prepared taking a time of one hour and 19 minutes, the failure to disclose the exact amount of profit garnered by the conduct of prostitution centre, the failure to disclose as to how many ayurvedic centres and spa were searched by the police during that time, the failure to disclose the name of the first accused in the remand