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‘Detrimental to society’s health’: Court says about Raj Kundra’s case

Mumbai: The alleged offense for which businessman Raj Kundra and his associate Ryan Thorpe were arrested last month was ‘detrimental’ to society, so society’s interest in such cases cannot be ignored, a magistrate’s court in Mumbai ordered. While rejecting their bail pleas on July 28 in an alleged case involving the production and streaming of pornographic content through apps, the court also noted that police had followed the legal procedure. On Tuesday, Additional Chief Metropolitan Magistrate S B Bhajipale released the detailed order.

The Mumbai Crime Branch arrested Mr. Kundra and Mr. Thorpe on July 19, and they are currently in judicial custody. According to the magistrate, the offense is ‘detrimental to the health of our society’ and ‘societal interest in the prosecution of a crime that has a wider social dimension cannot be overlooked.’

The accused have also moved the Bombay High Court challenging their arrest, claiming that the police did not issue a notice as required under section 41A of the Code of Criminal Procedure before their arrest. The high court has reserved its decision. However, the magistrate pointed out that the investigating officer (IO) had correctly noted the reason for the arrest. ‘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,’ the magistrate said.

According to the IO, Pradeep Bakshi, a relative of Mr. Kundra, was on the run. In addition, a huge amount of data was collected by the police and its analysis was still ongoing, according to the court. It stated that remanding the accused in judicial custody (as against police custody) does not mean the investigation is over.

According to the court, the accused had deleted some incriminating data and tampering with evidence was a real possibility if released on bail.

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