Kerala High Court
Ruma Begum vs State Of Kerala on 22 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
BAIL APPL. NO. 10185 OF 2022
AGAINST THE ORDER/JUDGMENT CMP 4866/2022 OF JUDICIAL
MAGISTRATE OF FIRST CLASS ,CHITTUR
[CRIME NO.486/2022 OF KOZHINJAMPARA POLICE STATION, PALAKKAD
DISTRICT]
PETITIONER/ACCUSED :
RUMA BEGUM, AGED 35 YEARS
D/O ALTAB HOSSEN, BARO KALIA, UTTAR KALIA,
SOUTH POST OFFICE KALIA -7520,
P.S KALIA, DIST. NARAYAL,
BANGLADESH, NOW RESIDING AT 15/662, PUTHANPATHA,
KOZHINJAMPARA, PALAKKAD DISTRICT, PIN - 678555
BY ADVS.
RAJESH SIVARAMANKUTTY
VIJINA K.
ARUL MURALIDHARAN
RESPONDENT/COMPLAINANT :
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
PP SMT.M.K PUSHPALATHA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BAIL APPL. 10185/2022
2
BECHU KURIAN THOMAS, J
...........................................
B.A.No.10185 of 2022
.....................................
Dated this the 22 nd day of December, 2022
ORDER
This is an application for regular bail filed under Section
439 of the Code of Criminal Procedure, 1973.
2. Petitioner is the accused in Crime No.486 of 2022 of
Kozhinjampara Police Station, Palakkad District, registered
for the offences punishable under Section 14(a) of the
Foreigners Act, 1946.
3. The petitioner is alleged to be a Bangladeshi Citizen
married to one Muhammed Subair-an Indian Citizen and
consequent to the marriage on 02.12.2019, she came down
to her matrimonial home and was living within
Kozhinjampara Police Station, Palakkad District since then.
4. Subsequently, at the instance of certain persons inimical
to her husband, a crime was filed against him, leading to
a search in her residence which revealed that her visa to
stay in India had expired. On that basis Crime
No.486/2022 of Kozhinjampara Police Station, was
BAIL APPL. 10185/2022
registered and petitioner was taken into custody on
22.07.2022. Petitioner has been in custody since then and
more than 60 days have elapsed since her detention.
5. Sri. Rajesh Sivaramankutty, the learned counsel for the
petitioner, submitted that the only offence alleged against
the petitioner is that punishable under Section 14(a) of
Foreigners Act, 1946, which imposes a punishment of
imprisonment for five years. According to the learned
counsel, till date the final report has not been filed and
therefore petitioner is entitled to the benefit of default
bail under Section 167(2)(a)(ii) of Cr.P.C.
6. Smt.M.K.Pushpalatha, the learned Public Prosecutor,
submitted that the final report has not yet been filed and
that petitioner has been in custody since 22.07.2022. It
was further submitted that the Government has set up a
'Detention Centre/Transit Home' as per Government order
dated 03.09.2022 at Mayyanad Grama Panchayath,
Kottiyam, Kollam District, and even if the petitioner is
released on bail, since she is alleged to have overstayed
her visa and her passport has also expired, the remedy is
BAIL APPL. 10185/2022
to detain her at the Detention Centre/Transit Home. It
was further pointed out that the transmit home has a
capacity to accommodate 20 inmates and that she can be
accommodated there.
7. I have considered the rival contentions.
8. The petitioner has been in detention since 22.07.2022 and
more than 60 days have elapsed since her detention. She
is therefore entitled for default bail.
9. Petitioner is admittedly a Bangladeshi Citizen, who has
overstayed her visa period. She does not possess a valid
passport as that has expired. The only remedy is to
transmit her to the Detention Centre/Transit Home under
the auspices of Government Of Kerala, through the
Social Justice Department at Mayyanad in Kollam District.
10. In the result, this application is allowed on the
following conditions:
(a) Petitioner shall be released on bail on her executing a
personal bond for Rs.50,000/- (Rupees Fifty thousand
only) with two solvent sureties each for the like sum and
one of the sureties shall be a close relative or a local
surety.
BAIL APPL. 10185/2022
(b) On her release, petitioner shall be transmitted by the
Investigating Officer to the Detention Centre/Transit
Home run by the Director of Social Justice Department at
Mayyanad, Kottiyam, Kollam District; where she will be
accommodated and maintained.
(c) Petitioner shall within a period of 30 days initiate
appropriate steps to either get her passport renewed and
the visa stamped.
(d) In the meantime, the investigating Officer shall
complete the investigation and file the final report in a
time bound manner.
(e) Notwithstanding the above, the petitioner will be at
liberty to seek appropriate reliefs before the concerned
authorities, in accordance with law.
BECHU KURIAN THOMAS
JUDGE
AMV/22/12/2022
