PREETHY KURIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These applications are filed under Section 439 of the Cr.P.C.

(2.) In the month of July, 1996, a minor girl was arrested from a house situated at Kumaranasan Nagar, Ernakulam for alleged commission of offence under the Immoral Traffic (Prevention) Act, 1956. A crime was registered and the victim was remanded to judicial custody. It appears that, after being released on bail, she approached the Commissioner of Police, Kochi City and raised a complaint that she was sexually abused for varying periods by a group of persons. The Sub Inspector of Police, Vanitha Police Station was directed to conduct investigation after registering a crime. Crime No.5 of 1996 was thus registered. The investigation was finally handed over to the Special Branch, CID and after conclusion of investigation, 24 separate Reports were laid before the Jurisdictional Court under Sections 344, 372, 373, 376(1), 354, 109 read with Section 34 of the Indian Penal Code and Section 3(1) and 5(1)(d)(ii) of the Immoral Traffic (Prevention) Act, 1956.

(3.) The specific allegation insofar as it concerned the applicant herein is that she along with her husband Kurien Sam procured the minor child from the 1st accused and kept her in illegal confinement in the first floor of a two storied rented house at Elamkulam Village, Cochin. It is further alleged that the child was handed over to various persons in order to satisfy their prurient interests and lust after receiving money. The applicant herein was arrested in one of the crimes and was remanded to judicial custody. She was later enlarged on bail. After completion of the investigation, one of the case was committed to the Additional Sessions (Special) Court at Kottayam, which took the case on file as S.C.No.268 of 2000. While the trial was progressing, the applicant absconded. Though all efforts were taken to secure her presence, it ended up in vain. The case was thus removed to the register of long pending cases. In as many as 8 cases involving the applicant, trial was delayed due to the abscondence of the applicant.