SINU SAINUDHEEN Vs. SUB INSPECTOR OF POLICE THRIKKAKARA

JUDGEMENT

(1.) This petition is filed by accused numbers 4 and 5 in Crime No. 312 of 2001 of Thrikkakkara Police Station registered under S.3, 4(1) and 5 of the Immoral Traffic (Prevention) Act, 1956 (hereinafter referred to as the Act). The Sub Inspector of Police, Thrikkakkara conducted a raid in the house of the first accused where the petitioners were also present and alleging that they were conducting prosecution, arrested them. Crime was registered by the Sub Inspector of Police, Thrikkakkara.

(2.) The learned Public Prosecutor submits that before conducting raid in the house of the first accused, the Sub Inspector of Police, Thrikkakkara informed the Assistant Commissioner of Polcie, Thrikkakkara about the information he got that prostitution was going on in the house of the first accused. The Sub Inspector of Police, Thrikkakkara sent a letter to the Assistant Commissioner of Police for giving sanction for raiding the house of the first accused and according to the learned Public Prosecutor, sanction was given by the Assistant Commissioner of Police, Thrikkakkara. It was after getting sanction from the Assistant Commissioner, who as per the notification issued by the Government of Kerala is a Special Police Officer under the Act, the Sub Inspector of Police and the party, which included two women Police Constables went to the house of the first accused and conducted raid in that house.

(3.) At the time when the Police party reached the house of the first accused, accused No. 2 who is the wife of the first accused and the second petitioner were sitting in the dining hall in the house and from them the Sub Inspector of Police got information that the first petitioner (4th accused) and the third accused were in the first floor of the building. Then the Sub Inspector of Police went to the first floor and found that the first petitioner and the 3rd accused were in a room locked from inside. It is stated that accused 1 and 6 were seen in another room. All the accused were arrested from there and they were taken to the Police Station.