Kerala HC Grants Bail To Man Accused Of Trafficking Indians For Organ Trade In Iran
The court observed that prolonged incarceration without trial constitutes an unjust deprivation of personal liberty and granted bail subject to strict conditions
The Kerala High Court has granted bail to a man accused of trafficking Indians to Iran for illegal organ trade. The court observed that prolonged incarceration without trial constitutes an unjust deprivation of personal liberty and granted bail subject to strict conditions.
A Division Bench comprising Justice P.B. Suresh Kumar and Justice Jobin Sebastian delivered the ruling. The court noted that the allegations against Bellamkonda Ram Prasad, named as the fourth accused, primarily involved monetary transactions amounting to Rs 1,00,000 and that his co-accused had already been granted bail. It held that denying bail in such circumstances would be unjustified.
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The case was initially registered on 19 May 2024 under Section 370 of the Indian Penal Code (IPC) and Section 19 of the Transplantation of Human Organs and Tissues Act, 1994. It was alleged that Ram Prasad, along with other individuals, lured victims into donating their organs under false pretences and trafficked them to Iran, where the organs were transplanted. Subsequently, the National Investigation Agency (NIA) took over the investigation.
Ram Prasad was arrested on 24 May 2024 for conspiring to operate an illegal organ trade racket by identifying gullible youths facing financial constraints, inducing them with payments, and assuring them that the organ trade is legal in Iran to obtain their consent to donate their organs. He then trafficked them to Iran, where their organs were removed and transplanted into various recipients, after collecting large sums of money from them. The final report also indicated the use of forged documents to carry out these illicit operations.
After one of the co-accused was granted bail, Ram Prasad approached the Special Court for the Trial of National Investigation Agency (NIA) Cases, Ernakulam, for bail. However, the court rejected his plea on the grounds that he was actively involved in organ trafficking and would continue to exploit poor, innocent individuals if released. Aggrieved by this, the accused approached the High Court for bail.
The appellant argued that Ram Prasad was in a similar position to the other accused, who had already been granted bail, and sought parity in treatment. It was contended that his continued detention violated his fundamental rights, particularly as the trial was unlikely to conclude soon.
Opposing the bail plea, the prosecution highlighted the societal impact of such crimes and urged the court to prioritise public interest over the individual’s liberty.
Emphasising that prolonged pre-trial detention infringes upon personal liberty, the court noted that the appellant had been in custody since 24 May 2024. It further observed that another accused, who was also a party to the alleged conspiracy, had been granted bail, and accordingly, bail was allowed for the appellant as well.
The court also pointed out that bail jurisprudence permits the release of accused individuals when trials are unreasonably delayed. It stated: “The legislative policy against the grant of bail will melt down where there is no likelihood of the trial being completed within a reasonable time."
Conclusively, the court held: “We are of the view that, on the facts of the present case, we may not be justified in denying bail to the appellant. Inasmuch as we are granting bail on the premise that the denial of bail would amount to an infraction of the fundamental rights guaranteed to the appellant, we do not think that the second proviso to Section 21(5) of the NIA Act would be an impediment against the grant of bail to the appellant."
As a result, the accused was granted bail with conditions, including the execution of a bond for Rs 5,00,000 with two sureties, the surrender of his passport, and restrictions on travel outside Kerala. The court further directed the accused not to intimidate witnesses or tamper with evidence.
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