Mumbai: The Bombay High Court on Saturday rejected the pleas filed by businessman Raj Kundra and Ryan Thorpe, the IT head of Kundra's company Viaan Industries. The duo had challenged their arrest and subsequent remand orders against them in a case of alleged production and streaming of pornographic content on apps. A single bench of Justice A S Gadkari rejected their applications, saying, "the remand to custody by the Metropolitan Magistrate is within conformity of law and does not require any interference."
Kundra and Thorpe, in their petitions, contended that the mandatory provision of issuing notice under Section 41A of the Code of Criminal Procedure (CrPC) was not followed and hence their arrest was illegal. They appealed to the high court to issue directions for their immediate release. While Kundra was arrested by the crime branch on July 19, Thorpe was arrested a day later.
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Kundra has been named as the key conspirator by the Mumbai Police, which has slapped charges against him under IPC sections 420 (cheating), 34 (common intention), 292 and 293 (related to obscene and indecent advertisements and displays) besides relevant sections of the IT Act and the Indecent Representation of Women (Prohibition) Act.
The Mumbai Police had earlier told the court that they suspect money earned from pornography was used for online betting. The case was registered with Crime Branch Mumbai in February 2021 about the creation of pornographic films and the use of apps.
Kundra's anticipatory bail application in Sessions Court will not be pronounced today due to the unavailability of the concerned judge in connection with the pornography case.
