2018 CRI. L. J. (NOC) 684 (CAL.) ::AIROnline 2018 Cal 580

Calcutta High Court

Hon'ble Judge(s): Ravi Krishan Kapur, Joymalya Bagchi, J. , JJ

(A) Criminal P. C. (2 of 1974) S. 438 — Anticipatory bail — Cancellation of — Accused allegedly committed offence of commercial sexual exploitation of under age girls, by an organised crime racket — If an order granting bail/pre-arrest bail suffers from patent non-application of mind as to gravity of offence and relevant considerations, bail is liable to be cancelled — Only ground of ill health of accused, not sufficient for grant of anticipatory bail — Accused, owner of premises where immoral activities carried on — Order granting anticipatory bail, perverse — Accused directed to surrender before trial court. (Para 4,5,7,8)

(B) Criminal P. C. (2 of 1974) S. 156 — Investigation — Organised crime racket involving commercial sexual exploitation of women and children — Guidelines issued. Penal Code (45 of 1860), Ss. 370, 372, 373. Immoral Traffic (Prevention) Act (104 of 1956), Ss. 3, 4, 5, 6, 7, 9. Protection of Children from Sexual Offences Act (32 of 2012), Ss. 4, 6, 17. Juvenile Justice (Care and Protection of Children Act (2 of 2015), S. 81. Criminal P. C. (2 of 1974), Ss. 357-A, 357-B. {" (a) Any First Information Report (for short FIR) registered under I.T.(P) Act or under section 370/372/373 of I.P.C. or under provisions of POCSO Act involving commercial sexual exploitation of women or children should be investigated by specialised agency like Anti-Human Trafficking Unit; "}