Mumbai, February 18, 2022 – Anandkumar Nagarajan has been denied bail by the Sessions Court for Greater Bombay in a child trafficking case. Additional Sessions Judge Sanjashree J. Gharat (Court Room No. 39) issued the order on February 15, 2022.
Nagarajan was arrested in connection with C.R. No. 3 of 2022, registered at the V.P. Road Police Station, for offenses under Sections 363 (kidnapping), 370(4) (trafficking of a minor) of the Indian Penal Code (IPC), and Sections 81 (sale and purchase of children) and 87 (abetment of offences) of the Juvenile Justice Act.
Background and Allegations:
The case involves the kidnapping and sale of a 4-month-old baby girl. Sangeeta Choubey, the child’s mother, had been residing with the complainant. Ibrahim, an associate of Choubey, allegedly kidnapped the child under the pretext of taking her for a polio vaccination and then sold her for Rs. 1,80,000 to Nagarajan in Tamil Nadu. Laxmi Murgesh allegedly coordinated the transaction.
Arguments Presented:
Advocate Kailash Nath Maurya, representing Nagarajan, argued that his client was falsely implicated. He claimed that Nagarajan was misled by Vijaykumar and Dr. Jaykumar, who presented a woman named Tahira @ Reshma as the biological mother of the child, willing to give her up for adoption. Nagarajan, who had been married for 15 years without children, was told he could adopt the child by donating to a trust. He claimed to have donated Rs. 4,80,000. He emphasized that Nagarajan is a civil engineer from a respectable family.
Additional Public Prosecutor (APP) Kalpana Hire, representing the State, opposed the bail, citing the ongoing investigation and the involvement of a child trafficking racket. The prosecution expressed concerns about Nagarajan tampering with evidence and threatening witnesses if released.
Court’s Reasoning and Decision:
Judge Gharat noted that Ibrahim had kidnapped and sold the child, and false documents were prepared to facilitate the sale to Nagarajan. The court highlighted that despite being an engineer, Nagarajan attempted to secure the child without following proper adoption procedures and without verifying the child’s parents or birth certificate.
The court emphasized that Nagarajan was equally responsible for the offense. The court also noted the involvement of a child trafficking racket and the serious nature of the offense. With the investigation ongoing, the court was not inclined to grant bail.
Decision:
The court rejected Nagarajan’s bail application.
Order Details:
The order was dictated on February 15, 2022, and checked and signed on February 18, 2022. The certified copy was uploaded on February 18, 2022, at 5:55 p.m.
This decision reflects the court’s consideration of the seriousness of the offense, Nagarajan’s irregular adoption attempt, the ongoing investigation, and the potential risks to the investigation and witnesses.