The so-called offense for which businessman Raj Kundra and his partner Ryan Thorpe were captured last month was “harmful” to society’s health, and society’s interest in such issues can not be “overlooked”, a magistrate’s court in Mumbai has said.
While declining their bail petitions on July 28 in a case related to supposed production and streaming of pornographic content through apps, the court also stated that the police had followed the legal process.
The comprehensive order passed by Additional Chief Metropolitan Magistrate S B Bhajipale became accessible on Tuesday.
Mr Kundra and Mr Thorpe were seized by the Mumbai Crime Branch on July 19, and are presently in judicial custody.
The supposed offense is “harmful to the health of our society”, and “societal interest in the execution of a crime which has a wider social dimension cannot be negated”, the magistrate said.
The accused have also moved the Bombay High Court defying their arrest, praying that the police did not issue a notice as required under section 41A of the Code of Criminal Procedure before the capture. The high court has reserved its decree.
But the magistrate noted that the investigating officer (IO) had detailed reason for the arrest, as required. “This court on July 20 (during a remand hearing) came to the settlement that the arrest of the accused is as per law,” the judge said.
“The IO has already stated the reasons for the capture of both the defamed. In such a sequence, it cannot be said that the accused are eligible to bail,” the magistrate said.
As per the IO’s reply, Pradeep Bakshi, an accused who is a relative of Mr Kundra, was on the run. Also, a huge amount of information was obtained by the police and its analysis was still ongoing, the court said.
Remanding the accused in judicial custody (as against police custody) does not imply that the trial is over, it said.
The accused had deleted some accusatory data and there was every chance that they may tamper with evidence if released on bail, the court said.