The court grants pre-arrest bail when allegations are deemed insufficient to warrant custodial interrogation, emphasizing the necessity of evidence for applying the law surrounding brothels.

ORDER

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking pre-arrest bail.

2. The applicant is the accused No.1 in Crime No.74/2026 of Ernakulam Central Police Station, Ernakulam District. The offences alleged are punishable under Sections 3, 4 and 7(1)b of the Immoral Traffic (Prevention) Act, 1956 (for short, the Act).

3. The prosecution case, in short, is that the applicant who is the Manager of the lodge, along with the accused No.2 conducted a brothel for obtaining wrongful gain. The defacto complainant on getting reliable information conducted raid on 17.01.2026 in between 5.15 pm and 6.30 pm in G.K. Residency situated near to Valanjambalam temple and women from different States were seen engaged in immoral trafficking and illegal sexual activities in room Nos.

101, 102 and 103.

4. I have heard Smt. Dhanya S. Nair, the learned counsel for the applicant and Smt. Sreeja V., the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the above crime. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, and if he is released on bail at this stage, it will affect the course of the investigation.

6. The learned counsel for the applicant submitted that going by the allegations in the FIR, the offence would fall under Section 3(2) of the Act which is bailable. I find some force in the said argument. Section 3(1) provides punishment for keeping a brothel and Section 3(2) provides for punishment for allowing premises to be used as a brothel. Section 3(1) is attracted when any person who keeps or manages, or acts or assists in the keeping or management of a brothel. Section 3(2) is attracted when any person who being the tenant, lessee, occupier or person in charge of any premises, uses, or knowingly allows any other person to use, such premises or any part thereof as a brothel. Here, the prosecution case is that the applicant took the building belonging to another person on lease and he used it as a brothel. Therefore, it is doubtful, which of the sub-sections of Section 3 of the Act would get attracted. That apart, to attract the definition of “brothel” contained in Section 2(a) of the Act, the premises in question should be used for sexual exploitation or abuse. There is no allegation that the premises is used for sexual exploitation or abuse. Considering the allegations made against the applicant, his custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicant.

In the result, the application is allowed on the following conditions:-

(i) The applicant shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try