THILAKAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners in B.A No.5325/2016 are the accused Nos. 5 and 7 in Crime No.13 of the Cyber Police Station, Thiruvananthapuram registered under Sections 370(1), (2) (3) read with 34 of the Indian Penal Code and under Section 67 of the Information Technology Act, 2000 and the petitioners in B.A No.5442 of 2016 are the accused Nos1,2,3, 6,12 and 13 in the said crime. These are the petitioners' second applications for regular bail. Their first application was dismissed by this Court on 8.7.2016 .

(2.) Online human trafficking for the purpose of prostitution, is the subject matter of this crime. On reliable information, the police conducted a search at the place of offence and took some victims into custody. The 13 accused in the crime were also arrested on different occasions by the police. These petitioners have been in judicial custody since 26.5.2016. Of the many victims who fell prey to the trap made by these petitioners online, only B.A Nos.5325 and 5442 of 2016 six ladies could be identified by the investigating officer. All the six gave statements under Section 164 Cr.P.C before the learned Magistrate. It appears that some of the victims are yet to be identified as part of investigation.

(3.) These two applications are opposed by the learned Public Prosecutor on the ground that investigation is still half way, and that if the petitioners are now released, there is possibility of the petitioners involving similar offences, or obstructing the process of investigation.