The
alleged
offence
for
which
businessman
Raj
Kundra
and
his
associate
Ryan
Thorpe
were
arrested
last
month
was
"detrimental" to
society's
health,
and
society's
interest
in
such
cases
can
not
be
"overlooked",
a
magistrate's
court
has
said.
While
rejecting
their
bail
pleas
on
July
28
in
a
case
related
to
alleged
production
and
streaming
of
pornographic
content
through
apps,
the
court
also
said
that
the
police
had
followed
the
legal
procedure.
The
detailed
order
passed
by
Additional
Chief
Metropolitan
Magistrate
SB
Bhajipale
became
available
on
Tuesday
(August
3).
Kundra
and
Thorpe
were
arrested
by
the
Mumbai
Crime
Branch
on
July
19,
and
are
presently
in
judicial
custody.
The
alleged
offence
is
"detrimental
to
the
health
of
our
society",
and
"societal
interest
in
the
prosecution
of
a
crime
which
has
a
wider
social
dimension
cannot
be
overlooked",
the
magistrate
said.
The
accused
have
also
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.
The
HC
has
reserved
its
order.
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
said.
As
per
the
IO's
reply,
Pradeep
Bakshi,
an
accused
who
is
a
relative
of
Kundra,
was
absconding.
Also,
a
huge
amount
of
data
was
collected
by
the
police
and
its
analysis
was
still
going
on,
the
court
said.
Remanding
the
accused
in
judicial
custody
(as
against
police
custody)
does
not
mean
that
the
probe
is
over,
it
said.
The
accused
had
deleted
some
incriminating
data,
and
there
was
every
possibility
that
they
may
tamper
with
evidence
if
released
on
bail,
the
court
said.