MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) Can a 'customer' in a brothel be proceeded against criminally under the Immoral Traffic (Prevention) Act, 1956 (for short, 'the Act')? The above question requires to be answered in this petition filed by the alleged customer, invoking the inherent jurisdiction of this Court under sec. 482 of the Code of Criminal Procedure, 1973.

(2.) Petitioner faces an indictment as the third accused in C.C No. 1778 of 2007, on the files of the Chief Judicial Magistrate's Court, Ernakulam. The prosecution alleges that the first accused had taken a building situated 175 metres away from the Ravipuram Temple at Ernakulam, to conduct an Ayurvedic Hospital and under the cover of the ayurvedic hospital permitted the conduct of prostitution by appointing the second accused as the supervisor and accused Nos.4 and 5 for carrying on the prostitution. It was further alleged that on 15/12/2004 at 2.45 p.m., the Investigating Officer found the third accused engaged in a sexual act with accused Nos.4 and 5 after paying Rs.500.00and thus the accused committed the offences under Sec. 3, 4 and 7 of the Act.

(3.) Petitioner alleged that he had approached the Ayurvedic Hospital for treatment of his back pain and the doctor on duty had prescribed oil massage for a period of thirty days. According to the petitioner, while he was undergoing treatment, the police officers came to the hospital and arrested him and accused Nos.4 and 5, who were the nurses employed at the hospital.