Businessman Raj Kundra and his associate Ryan Thorpe were arrested last month due to production and operation of adult films was “detrimental” to society’s health, and society’s interest in such cases can not be “overlooked”, a magistrate’s court has said.
However, On July 28, The court has rejected their bail pleas in a case of producing and streaming of pornographic content through apps, Moreover, the court also said that the police had followed the legal procedures
As, the magistrate said; The alleged offense is “detrimental to the health of our society”, and “socital interest in the prosecution of a crime which has a wider social dimension cannot be overlooked”
The magistrate also added that; The accused have also moved the Bombay High Court challenging their arrest, pleading that the police did not issue a notice as required under section 41A of the Code of Criminal Procedure before the arrest. The HC has reserved its order. But the magistrate noted that the investigating officer (IO) had recorded reason for the arrest, as required. “This court on July 20 (during a remand hearing) came to the conclusion that the arrest of the accused is as per law,” the judge said. “The IO has already mentioned the reasons for the arrest of both the accused. In such circumstances, it cannot be said that the accused are entitled to bail,”
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 data was collected by the police and its analysis was still going on,
The court also said; Remanding the accused in judicial custody (as against police custody) does not mean that the probe is over.
The accused had deleted some incriminating data and there was every possibility that they may tamper with evidence if released on bail.
Additionally, Mr Kundra and Mr Thorpe were arrested by the Mumbai Crime Branch on July 19, and are presently in judicial custody.
