A magistrate's court in Mumbai has said that the alleged offense for which businessman Raj Kundra and his associate Ryan Thorpe have been arrested was 'detrimental' to society's health and the society's interest in these cases can't be 'overlooked', as per a report by PTI.
The court made this statement while rejecting the bail pleas of Kundra and Thorpe on 28 July in a case related to the creation and publication of pornographic material. The court added that the police had followed legal procedure.
The detailed order passed by Additional Chief Metropolitan Magistrate S B Bhajipale became available on Tuesday.
Following the court's order, both Kundra and Thorpe had 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.
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," the magistrate had said.
The court also noted that the accused had deleted 'incriminating' data and could 'tamper' with evidence if released on bail. While investigating the case, Mumbai Crime Branch officials had claimed that Kundra deleted all data and even changed his phone after the pornography racket was busted earlier this year.
Kundra is currently in judicial custody.
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