Pornography case: Bombay high court to hear Raj Kundra’s bail plea today

The police sought remand on the grounds of suspicion that Kundra may have used the money earned in the pornography racket for online betting and hence, they needed to interrogate him with regards to the financial transaction between him and two banks

The Bombay high court will hear on Tuesday the petition filed by actor Shilpa Shetty’s husband Raj Kundra, challenging is police custody and seeking bail. On July 20, a metropolitan magistrate court remanded Kundra to police custody in connection with the alleged pornography racket.

Raj Kundra being taken to Killa Court from Property Cell Unit office at Byculla, in Mumbai on July 23. (Anshuman Poyrekar/HT PHOTO)

The police sought remand on the grounds of suspicion that Kundra may have used the money earned in the pornography racket for online betting and hence, they needed to interrogate him with regards to the financial transaction between him and two banks.

Kundra’s police custody which expired on July 23 was extended by a metropolitan magistrate till July 27.

Kundra’s petition, filed through Parinam Law Associates, pointed out that after the alleged incident of creating and publishing pornographic content came to light, a number of people were arrested in connection with the case and later released on bail. The petition states that crime branch officials visited his office on July 19 and after conducting a search, called him to their Byculla office on the pretext of recording his statement. However, he was arrested when he reached there.

Referring to the arrest, the petition states that the mode in which he was arrested violated the procedure laid down under Section 41A of Criminal Procedure Code (CrPC) which mandates that the police have to issue a proper notice to the accused before arresting him. The petition states that as the law was violated, an application was made before the magistrate court opposing his detention. However when the remand application of the police came up before the magistrate, he did not consider Kundra’s application and granted remand till July 23.

The petition adds that while there are clear orders of the Supreme Court against arresting and detaining persons against whom offences are registered with punishment of less than seven years in light of the Covid situation, the magistrate remanded him to custody. Kundra’s petition states that as the cumulative punishment for the offences that he has been booked for is less than seven years, the magistrate had erred in allowing his police remand and hence the remand order should be quashed and he should be released.

The petition will come up for hearing after it is numbered and its circulation is granted.

On July 20, Mumbai police commissioner Hemant Nagrale said through a statement that Kundra and 10 other people were arrested for their alleged involvement in the creation of porn films and publishing them through mobile apps. Nagrale said there was sufficient evidence that Kundra may be the key conspirator and there was sufficient evidence regarding that.