Kerala High Court
Jesinthan vs State Of Kerala on 22 November, 2022
IN THE HIGH COURT 0F RERA14A AT ERNAKUIIAM
PRESENT
THE HONouRABIE rm. rusTlcE vlov ABRAHAM
TUESDAV, THE 22ro Day oF NovmoER 2022 / 1sT AGRARAr:AHA, 1944
BAII-APplh NO. 7913 0F 2022
AGIAINST THE ORDER/-uD®maT®c 29oo/2o22 oF ]ul>IclAL
imclsTRATE oF FIRST clLAss -11, rot,I.AM
CRDG ro.868/2o22 OF KOIAAM EAST POI.ICE STAIION, KOLIAM
PETITIONER/ACCUSED :
pRAKzrsH RAr,AGED 25 yEARs
No. ul c 21, REFUGEE camp VAln:`7zINTHANKOTTAI,
TIRucHIRAPALLI DlsTRlcT, TAifll. etAI)u. plN 62ool5,
maM THIRVANNAnml.I , CENTRAL ROAD,
DErocRATlc soclAL REpuBLlc OF SRI InNKA. ,
PIN - 620015
ECABnl. RAT s/o RlcHARD,AGED 37 ¥EARs
NO. ul c 21, REFUGEE camp vA14AVz\NTmNKOTTAI,
TIRucHIRAPALLI DlsTRlcT, Trml. NADu. plN 62ool5,
mch4 THIRVI`NNAbnl,I , CENTRAI. ROAD ,
DEMOCRATIC SOCIAII REPUBLIC 0F SRI IIANKA. ,
PIN - 620015
VINOD RAT S/0 RICHARD,AGEI) 34 YEARS
NO. UI C 21, REFUGEE CAMP VAIA:VANTHANKOTTAI,
TIRUCHIRAPALLI DISTRICT, TAIII Hal)U. PIN 620015,
FT`Ch4 THIRVANNABnl.I , CENTRAL ROAD ,
DEMOcRATlc soclAI, REpuBI.Ic OF SRI Lzum. ,
PIIt - 620015
By ADv c . R . TAyAKumR
RESPONDENTS :
STATE OF KERAIA REPRESENTED BY
PUBI.IC PROSECUTOR,HIGH COURT OF RERAIA,
PIN - 682031
ADDII.R2 UNION 0F INDIA REPRESENTED BY THE SECRETARY
iaNlsTRy OF E]nEBNAI, AFFAIRs , sOuTH BI.OcK,
CENTRAL SECRETARIAT ; NEW DEliHI.
IS IRELEADEI) AS PER ORDER DATED 18-10-2022 IN
GEL.M.A. NO.2/2022.
B.A.Nos.7913, 7981, 8006,
8059, 8203, 8239, 8606, 8754 & 8763 of 2022
2
ADDli.R3 RERAIA LEGAli SERVICE AUTHORITY (REIISA)
REPRESENTEI) BY THE MDCER SECRETARY,
NlrABn sAHA¥A BHjLEN, KocHI-31.
Is sucroTo IMplEAI>ED as PER OREER DATED 26-1o-2o22
IN BA NO.7913/2022.
ADDL. R4 FOREIGNERS REGI0NAli REGISTRATION OFFICER
FOREIGRERS REGIONAI. REGISTRATION OFFICE ,
THIRuvANANTHApuRZD4, I. c. 14/1377 , VAZHUTHACAun,
OproslTE GANzipATI TneLE, THycA17D p.O. ,
TEIIRt}vaAENTELApuRzur-14.
Is sucmroTo IMELEADED As PER OEOER DATED 26-1o-2o22
IN BA NO.7913/2022.
ADDII.R5 STATE OF TAIL NADU REPRESENTED BY
THE DIRECTOR OF REHABIIIITATI0N AND WEliFARE 0F
NON-RESIDENT TAILS ,
ccrmassloNERATE oF REHABILITATloN AND WEI.FARE oF
NON-RESIDENT TAMII.S ,
4TH FLcoR, EZE[IIAGnM ANNEx BUIIDING,
CHEPAUK, cHEmml, TAII. NADU.
IS IMPIEAI)EI) AS PER 0RI)ER DATED 28-10-2022 IN
CEL.M.A. NO.3/2022.
BY PtJBLIC PROSECUTOR SRI.M.C.ASHI
8¥ SRI.DnNu s. DSG oF INI>IA
THls BAII. Appl.ICATION HA:vlNG cone up FOR AI>REssloN ON
22.11.2022, AIONG WITH Bail Appl..8059/2022 AND CONNECTED
czLSEs, THE count ON THE SABG DAy DELlvEREI> THE FOI,LOwlNG:
B.A.Nos.7913, 7981, 8006,
8059, 8203, 8239, 8606, 8754 & 8763 of 2022
3
IN THE HIGH cOuRT OF KERAIA AT ERItaKulEN
PRESENT
THE HONOURABIE MR. JUSTICE VIT(J ABRAHAM
TUESDAY, THE 22ro DAY oF Novm®ER 2022 / 1sT AGRAHAxrm, 1944
BAIL APPL. NO. 7981 0F 2022
AGAINST THE ORDER/JUI)®[email protected] 615/2022 oF 4uDlclAI, rmGlsTRATE
0F FIRST CIASS - Ill, KOLIAM
CRIRE No. 529/2o22 oF PAI.I.ITHOTmM pol.ICESTATloN, roLI"
pETITloRERs/AcCUsm 3 & 4j_
I)IIAKSEN,AGED 29 YEARS
s/o RANAslNenM ,1o/3,
AvvyoR STREET , TRINcchnld= ,
SRI IANRA, PIN - 310000
KONCEIA,AGED 27 YEARS
w/o DII.AKAsmN, 1o/3,
AvvyoR STREET , TRINcchnLE ,
SRI IARECA, PIN - 310000
BY ADVS .
V . I . RAHUL
SHERIN EDISON
BFsroNDENIs/SIAIE AND [email protected] :
STATE 0F KERAIA
REPRESENTED By puBI]Ic pErosEcuTOR,
HIGH COURT 0F KERAIA, PIN - 682031
SUB INSPECTOR 0F POLICE/SHO
PALLITHOTTAM POLICE STATION, HOLIAM DISTRICT,
PIN - 691006
ADDL.R3 DEPUTY SOI-ICITOR GENERAL 0F INDIA,
HIGH couRT oF RERAIA, ERImKul.AM-682o31 Is IMpu=AI)ED
AS ADDL R3 AS PER ORDER DATED 25/10/2022 IN
CRL.M.A.NO.1/2022 IN RA.NO.7981/2022.
ADDL.R4 DIRECTOR,
DIRECTORATE 0F WOMEN AND CHIID DRELORENI,
THIRUVENANTHAptJEN-695012. Is ImLEADED As ADDL.R4
AS PER0 ORDER DATED 25/10/2022 IN CRL.M.A.NO.3/2022
IN RA.NO.7981/2022.
B.A.Nos.7913, 7981, 8006,
8059, 8203, 8239, 8606, 8754 & 8763 of 2022
4
ADDli.R5 DIRECTOR,
DIRECTORATE OF HEAI.TH SERVICE, GENERAL HOSPITAli
JUNCTION, THIRUVANANTHAPUBEN-695035 IS IMPIEADED AS
ADDL.R5 AS PER ORDER DATED 25/10/2022 IN
CRL.M.A.NO.3/2022 IN RA.NO.7981/2022.
ADDL.R6 RERAIA IiEGAL SERVICE AVTHORITY
bqEMBER sECRETARy, sAHAyA BHA:\nN, KOcHI-31 Is SUO
MOTU IMPIIEADEI) AS ADDII R5 AS PER ORDER DATE
26/12/2022 IN RA.NO.7981/2022.
ADDL.R7 FOREIGINERS REGIONAL REGISTRATION OFFICER,
FOREIGNERS REGIONAL REGISTRATION OFFICE ,
THIRUVANANTEIAPURAM, I. C.14/1377 , VAZE[UTHACAUD ,
OpposlTE GANAPATI TEMpl.E, THycmuD p.0,
THIRuvANENTHAPuRAMol4 , IS sUo MOTU [email protected] As
ADDL.R7 AS PER ORDER DATED 26/10/2022 IN
RA. NO . 7 981/2022 .
BY PP SRI.M.C.ASHI
By SRI.inNu s. DSG OF INDIA
BY ADV. SMT .A. PARVATHI ENON
THIS BAII. APPLICATION HA:VING Cch4E UP FOR ADMISSION ON
22.11.2022, AI0NG WITH Bail Appl..8059/2022 AND CONNECTED
cASEs, THE couRT oN THE sm4E DAY DEI.IVERED THE FOLlowlNG:
B.A.Nos.7913, 7981, 8006,
8059, 8203, 8239, 8606, 8754 & 8763 of 2022
5
IN THE HIGH couRT oF RERAIA AT ERNAKulnM
REsrm
THE HCINouRAELE rm. dusTlcE vlou ABRAEIAM
TUESDAr, THE 22ro mr oF NovE®ER 2022 / 1sT AGRAHA:][:jam, 1944
BAIL APPL. NO. 8006 0F 2022
AGAINST TE[E ORDER/duD®GNT®@ 622/2o22 oF 4uDlclAI. ]nglsTRATE
0F FIRST CIASS - Ill, K01.IAM
CRIRE NO. 529/2o22 OF BALI.ITHOTTAM POI.ICESTATION, [roI.RAM
PETITIONERS/ACCUSED 8 & 9:
aArASEElnN,AGED 5o irEARs
S/O S=IJ"E-,
158 12 ANANTHAPURI
TRINCOMAIE, SRI IANKA
PIN - 310000
SATYAPRIYA,AGED 44 YEARS
W/0 JAYASHREIAN ,15812 ARANTHAPURI ,
TRINcornlE, SRI InNKA, plN - 31oooo
BY ADVS .
V . I . REUIJ
JISHY P.S.
SHERIN EDISON
RESPCINDENTS/STATE AND COMPIAINANT :
STATE 0F KERAI.A
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT 0F RERALA, PIN - 682031
SUB INSPECTOR OF POIIICE/SHO
PALLITHOTTAM pOLlcE STATION, KOIAnM DlsTRlcT,
PIN - 691006
ADDL.R3 CHIID WELFARE cormTTEE, KOI.InM CHIID WEI,FARE
cchmTTEE, KOI,I[AM .SUO roTTt7 Is IrmldueED As
ADDTI0NAL R3 ,AS PER THE ORDER DATED 19-10-2022 IN
RA.NO 8006/2022
ADDL.R4 UNION 0F INDIA,
REPRESENTED BY THE DEPUTY Sol.ICITOR GENERAL 0F
INDIA, HIGH counT OF RERAIA, EEunAKulLAM-682o31 Is
rmLEanED As PER ORDER DATED 25/io/2022
AI)DL.R5 KERAIA u=GAL SERVICE AUTHORITY (RELSA) ,
REPRESENTED 8¥ THE iDDER sECRETAR¥, NlrAin sAHA¥A
B.A.Nos.7913, 7981, 8006,
8059, 8203, 8239, 8606, 8754 & 8763 Of 2022
6
BIIA:VAN, KocH-31, ARE Suo lroTU rmLEADED As ADDL.R5
AS PER ORDER I)ATED 26/10/2022 IN B.A.NO.8006/2022.
ADDL.R6 FOREIGNERS REGIchIAII REGISTRATION OFFICER,
FOREIGRERs REGIorml. REGlsTRATloN oFFlcE ,
THIRI7vANANTHApuRAM, I. c. 14/1377 , VAz[ruTHjDCAUD,
OPPOSITE GAItAPATI TEMpliE, THYCAIJD P.0,
THIRUVENj\NTHAPURAM. ARE SUO MOTU IMpliEADED AS
ADDL.R6 AS PER 0REER DATED 26/10/2022 IN
RA. NO . BOO 6/2022 .
ADDL.R7 GENERAL EDucATloN DEPARnmTT, GovERNRENT oF ]qERAIA
REPRESENTED BY THE PRINCIPAII SECRETARY
Roch4 No.138 ,FIRST FI.OOR, NORTH BI.OCK, GovERmqNT
SECRETARIAT , THIRI]vANANTHApuRAM. Is rmLEADED As
ADDII. R7 AS PER 0RI)ER DATED 16/11/2022 IN CRL.M.A
3/2022
ADDL.R8 SOCIAL JUSTICE DEPARTRENT
SOCIAL JUSTICE DEPARTMENT ,GOVERNRENT 0F KERAliA
REPRESENTED BY ITS DIRECTOR, DIRECTORATE OF SOCIAL
JUSTICE,5 FLOOR, VIKAS BEA:VIIN, EMG
THIRUVZINANTHAPURAM- 695033 IS IMPuEADED AS ADDI..R8
AS PER ORDER DATED 16/11/2022 IN CRI..M.A 3/2022
By sR. pp SMT.sRETm s.
8¥ SRI.inNu s. DSG oF INI>IA
BY ADV. SMT .A. PARVATHI IGNON
THIS BAIL APPLICATION HAVING COME UP FOR AI)MISSION 0N
22.11.2022, AI®NG WITH Bail Appl..8059/2022 AND CONNECIED
CASES, THE COURT ON THE SAME I)AY DEI.IVERED THE FOLI.OWING:
B.A.Nos.7913, 7981, 8006,
8059, 8203, 8239, 8606, 8754 & 8763 of 2022
7
IN THE HIGH cOuRT OF RERAIA AT ERIIAKurm
PREsrm
THE HONOuRABLE MR. 4usTlcE vlru ABFLAlrm
TUESDAy, THE 22ND DAy Or NOvm®ER 2o22 / 1sT asRrmxun, 1944
BAII. APPL. NO. 8059 0F 20£iz
AcaINST THE ORDER/]uD®4ENT®0 2859/2o22 OF -uDlclAL uslsTRATE
0F FIRST CIASS -11, H0I.IAM
CRIME NO. 868/2022 0F EAST POLICESTATION, KOLEN
PETITIONERS/A3 T0 A1_1+
DIRESH KunthR AGED 36 yEARs s/0 ANTONy sIVANKOvlL
STREET THIRtrvArmbmlAI DlsTRlcT SRIIENRA, Now
RESIDING AT REFUGEE [email protected], KUZHAI. RAVAI.RAEN ,
TAMIIi NADU-, PIN -632513
RATHIVARNAN,AeED 35 yEARs
s/o sAmDEVEN, THIRI]VARAmIAI , SRI I.ANRA Now
REslDING AT H/36 VAIAVANImN KOTTAI ,
THIRucHIRAPALLI, Trml, NADu-62ool5. , plN - 62ool5
NAIVAGEETHAN AGED 24 YEARS , S/0 RIIVICHANDREN
RAREURIJRANDI , THIRUVARAMAIAI , SRIIANKA, NOW RESIDING
AT REFUGEE cAMp , RAVAI.RARAI , CHENRAI , mMIL Nanu. ,
PIN - 632513
PRARASHRAJ ,AGED 22 YEARS , S/0 THYAGARAdEN,
REFuerE [email protected],I]ooR No 37 ,GENcalKoroA, TIRUREljvEI,I,
TABfll. NADU. , PIN - 627352
QUEENs RAT AGED 22 ¥EARs s/o imRI¥ARA;¥AKOM, SRI
IiENRAN REFUGEE [email protected] ,VAIAVANTEIAN KOTTAI ,
THIRUCHIRAPALI-Y DISTRICT ,
TAMIL NADU-620015, PIN - 620015
AIAY AGED 24 YEARS , S/0 MOHAN, SRIIiANKAN
VAAIATHANKOTTAI REFUGEE CAMP , TIRUCHIRAPAliLI
DlsTRlcT, Trml. NADu-620015, plN - 620015
dATHURsoN AGED 21 ¥EARs , s/o GINzmvEI., sRIInNRAN
REFUGEE cAMp I]ousE No 1-H29 ,NmR INDIAN oll,
CORPORATION , VAIAAVZINTHAN KOTTAI
TIRucHIRAPALI,I,Trml. NADu-620015, plN - 620015
PRASAD AGED 24 ¥EARs s/o ]mHENI>RIIN ,UNIT 3F-
04 , SRIIANKAN REFUGEE [email protected], VAIAVANTmN KOTmz
TIRucHIRAPALI.I, miffl. NADu-62ool5, plN - 62ool5
9 SARAVANAN AGEI) 24 YEARS , S/0
RAdAN , PANKULAM, THIRuvoomenl.I sRII[ANKA Now REslDING
B.A.Nos.7913, 7981, 8006,
8059, 8203, 8239, 8606, 8754 & 8763 of 2022
8
AT HousE Nun®ER u3/13,SRIIANRAN REFUGEE caMp, ,
VAI.A:\thNTHAN KOTTAI , IIRUCHIRAPALI,I , TAIL imDU-
620015, PIN - 620015
BY ADVS .
V . I . FLAHUL
JISHY P.S.
SHERIN EDISON
JISHA J.S.
Alrdrm EN
DEVIKA G. RAJESH
DENIRA S.
REspchoENTs/smTE Aim coMplAINANT.:.
STATE 0F KERAIA REPRESENTED BY THE PUBlilc
PROSECUTOR, HIGH C0tJRT OF KERAIA. ,
PIN - 682031
SUB INspECTOR OF POI.ICE/SHO,KolnJ`M EAST pOLlcE
STATION. , PIN - 691001
ADDL.R3 UNION 0F INDIA, REP.BY DEPUTY S0I-ICITOR GENERAL 0F
INDIA ,HIGH COURT 0F RERAIA, ERNAKUIAM IS IMpliEADED
AS ADDL.R3 AS PER ORDER I)ATED 25/10/2022 IN
B . A. NO . 8059/2022 .
ADDL.R4 RERAIA IIEGAL SERVICE AUTHORITY (]CELSA) ,
REPRESENTED By THE MEDER sECRETARy, NlyABn sAHAyA
BHAVAN, KocHI-31. Is suo Mc>Tu rmLEADED As ADDL.R4
AS PER ORDER DATED 26/10/2022 IN RA.NO.8059/2022.
ADDL.R5 FOREIGINERS REGIONAL REGISTRATION OFFICER,
FOREICINERS REGIONAL REGISTRATION OFF'ICE ,
THRIRUVANANTHAPURAM, I. C.14/1377 , VAZHUTHACAtD ,
OpposlTE GANAPATI TEneLE, THycAUD p.O,
THIRUVANANTHAPURAM-14 IS SUO MOTU [email protected] AS
ADDL.R5 AS PER 0RI)ER DATEI) 26/10/2022 IN
B.A.NO.8059/2022
ADDII.R6 STATE 0F TAIIJNAI)U, REPRESENTED BY TEIE DIRECTOR 0F
REHABILITATION AND WELFARE 0F NON-RESIDENT TAMILS
ccmoffssloNERATE oF REEIABII.ITATloN AND WEI.FARE oF
NON-REslDENT TAILs, 4TH ELooR, EZHIInGAM ANNEx
BUIIIDING, CHEPAUK, CHENIIAI, TAMIL NADU IS IRELEADED
AS ADDII.R6 AS PER ORDER DATEI) 22/12/2022 IN
CRL.M.A.NO.2/2022.
BY ADV MENU S. DSG 0F INDIA
B.A.Nos.7913, 7981, 8006,
8059, 8203, 8239, 8606, 8754 & 8763 of 2022
9
OTHER PRESENT :
PP -M.C.ASHI
THIS BAII- APPI.ICATI0N HAVING CQME UP FOR ADRESSI0N 0N
22.11.2022, ALONG WITH Bail Appl..7913/2022 AND CONNECTED
CASES, THE C0tJRT 0N THE SAbc DAY DELIVERED THE FOI.IIOWING:
B.A.Nos.7913, 7981, 8006,
8059, 8203, 8239, 8606, 8754 & 8763 of 2022
10
IN THE HIGI] COURT OF RERAIA AT ERNAKUIIAM
PRESET
THE HchrouRABIE MR. ousTlcE vlru ABRAHAM
Tt]ESDAr, THE 22ro DAr oF NovmoER 2022 / 1sT AGRAHA:!!ARA, 1944
BAIL APPL. NO. 8203 0F 2022
AGAINST THE ORI)ER/[email protected]®® 2859/2o22 oF Jut)IclAI, enGlsTRATE
0F FIRST CIASS -11, K0IillAM
CRIRE No.868/2o22 oF iroLmM EAST coLlcESTATlcIN, rolril"
PETITIONER/1ST ACCUSED :
PAVITHIRAN ,AGED 27 YEARS
s/o REGHAVARNAN, TsuNnpq HousE
NAIGAYAR NAGAR, NAGAPAITANAM DISTRICT
TrmL NADu , plN - 611ooi
BY ADVS .
SHERIN EDISON
GEORGE VARGHESE ( RERUMPALLIKUTTIYII.)
bDxp SRIREH
NIMESH THODns
V . I . FAHUI,
RESPONDENTS/STATE AND [email protected] :
STATE OF RERAIA
REPRESENTED BY PUBIIIC PROSECUTOR, HIGH COURT 0F
RERAIA, PIN - 682031
SUB INSPECTOR 0F POLICE/SH0
EAST POLICE STATION, KOLIAM , PIN - 691001
ADDlhR3 THE ONION OF IroIA,
REPRESENTEI) BY THE DEPUTY SOLICITOR GENERAL OF
INIDA, HIGEI COURT 0F KERAIA, ERNAK(JIAM-682031 IS
neLEADED As ADDL.R3 As PER ORDER DATED 25/1o/2o22
IN RA.NO.8203/2022.
ADDL.R4 RERAIA LEGAL SERVICE AUTHORITY (ICELSA)
REPRESENTEI) 8¥ THE r®cER sECRETAR¥, NlrABn sAHA¥A
BHAVAN, KOCHI-31 IS SUO MOTU IMPIIEADED AS PER
ADDL.R4 AS PER ORDER DATED 26/10/2022 IN
B . A. NO . 8203/2022 .
ADI>L.R5 roREIGINERs REGlorml. REGlsTRATloN oFFlcER,
FOREIGNERS REGlorml, REGISTRATloN oFFlcE ,
B.A.Nos.7913, 7981, 8006,
8059, 8203, 8239, 8606, 8754 & 8763 of 2022
11
THIRUVANENTHAPURAM, I.C.14/1377 , VAZHUTHACAUD,
opposlTE GANAPATI TEneLE, TH¥cAUD p.o,
THIRuVANENTHApuRAM-14 Is SUO Mc>Tu mLEADED As
ADDL.R5 AS PER ORDER DATED 26/10/2022 IN
RA. NO . 8203/2022 .
BY ADV MANU S. DSG OF INDIA
BY PP SRI.M.C.ASHI
THls BAII. Appl,ICATION HAWING cchE up FOR ADrmssloN ON
22.11.2022, AroNG WITH Bail Appl..8059/2022 AND CORECTED
CASES, THE COURT 0N THE SADE DAY DEI.IVERED THE F0I.I.OWING:
B.A.Nos.7913, 7981, 8006,
8059, 8203, 8239, 8606, 8754 & 8763 of 2022
12
IN THE HIGH COURT OF RERAIA AT ERNAKUIJIM
PRESENT
THE HONOURABIE MR. JUSTICE VITU ABRAHAM
TUESDAY, THE 22ro DAY oF NovREER 2022 / 1sT AGRA[IAVrm, 1944
BAIIi APpli. NO. 8239 0F 2022
AGAINST THE ORDER/ruD®[email protected] 626/2o22 oF TUDlclAL ]mGlsTRATE
0F FIRST CIASS - Ill, KOLIAM
CRIRE NO. 529/2022 0F PALIIITHOTTAM POLICESTATION, K0I-I"
PETITIONERS/ACCUSED NO.1, 13 & 14:
PRASANNAN,AGED 27 YEARS
s/O VAmRAB:EN RARENRARI , SRIIANKA, TAILs ,
REHABIIIITATI0N CAMP , PUZHAI. , Ct]ENNAI-66
GREATER CHENNAI TAMoldueu
PIN - 600066
PRASANTH,AGED 29 YEARS
s/o sATH¥ASEEI.AN, 248 sRlmNKA,
REFUGEE clue, KPATHupETTI , BAII.GuniDu, DIDNDIGEL,
TAIneeu, plN - 624001
CHANI)RASANZIN,AGED 42 YEARS
S/o SIVAM,REFruGEE camp OF rmuRA, UcmpATTU,
Tanlrmu, plN - 625008
By ADv sREERAr M.I).
RESPONDENTS/CchoIAINANTS:
STATE 0F RERAIA, REPRESENTED BY PUBIilc PROSECUTOR
E[IGH couRT oF RERAIA, ERNAKulnM , plN - 682o3
STATION HOUSE 0FTICER, PALI.ITHOTTAM P0I.ICE STATION
PAI.LITHOTTAM P0I.ICE STATION, HOLEN, PIN - 691006
UNION 0F INDIA REPRESENTED BY HODG SECRETARY
HIGH C.674+VGV, NORTH BLOCK, CENTRAL SECRETARIAT,
NEW DEI.HI, DEI.HI PIN:110001, PIN -110001
ADDL.R4 STATE 0F TAlffl-NADU
REPRESENTED BY THE I)IRECTOR OF REHABIIIITATION AND
WELFARE oF NON-REslDENT TAiffl.s , com4IssloRERATE oF
REHABIIilTATION AND WEE.FARE 0F NONRESIDENT TAILS ,
4TH ELOOR, EZHIILnGAM ANNEx BullDING, CHEPAUK,
CHENNAI-600 005.
Is rmLEADEI] As PER ORDER DATED o8-11-2o22 IN
B.A.Nos.7913, 7981, 8006,
8059, 8203, 8239, 8606, 8754 & 8763 of 2022
13
CRL.M.A. NO.1/2022.
BY ADV MENU S. DSG 0F INDIA
By pp SMT.NDn 4AcOB
THIS BAIII APPIIICATI0N IIAVING COME UP FOR ADMISSION ON
22.11.2022, AII0NG WITH Bail Appl..8059/2022 AND CORECTED
CASES, THE COURT ON THE SAME DfiY DELIVERED THE FOLLOWING:
B.A.Nos.7913, 7981, 8006,
8059, 8203, 8239, 8606, 8754 & 8763 of 2022
14
IN THE HIGH couRT oF RERAIA AT ERNz\KulnM
PRESRE
THE HONOURABIE MR. JUSTICE VIJU ABRAEIAM
TUESDAr, THE 22ro DAr oF NovE®ER 2022 / 1ST AGRAm][:ARE, 1944
BAIL APPI.. NO. 8606 0F 2022
AGAINST THE 0RI)ER/JUD®4ENT®@ 627/2022 0F JUDICIAI. MAglsTRATE
OF FIRST clAss - Ill, roLIAM
CRIRE NO. 529/2022 0F PAI.LITHOTTAM POLICESTATION, ItoI.RAM
RETITIONERS/ACCUSEI) 6, 7, 8:
dESINTHEN,AGED 33 YEARS
s/o cELENDRIrvE RATHluslNEN,
66/1 HUSKINSON STREET,
TRINcchnlE, SRI InNKA.
PIN - 310000
SAARZIN¥A,AGED 23 YEARS
w/0 daslNTEN ,
66/1 HUSKINSON STREET,
TRINcaMRE, SRI IANKA.
PIN - 310000
KEETHEEPZu}l,AGED 23 YEARS
S/O SINAPPU SUGANTHATHASH ,
66/1 HUSKINSON STREET,
TRINcchnlE, SRI InNKa.
PIN - 310000
BY ADVS .
V. I . RAHUL, SHERIN EDISON
JISHY P.S. ,SHIFA IATHEEF
JISHA J.S. ,DEVIKA G.RAJESH
DEvlKA s. ,ANaND 8.
sHmmT A.s. ,A)ms a.
SREEJESH R.
REspcneENIs/STATE AND ccaolAINANT :
STATE OF RERAILA
REPRESENTED BY PUBI.IC PROSECUTOR,HIGH COURT 0F
KERAIA, PIN - 682031
2 2. sun INspECTOR oF roLlcE /sHo
PAI.LITHOTTAM pOLlcE STATION, KOLlnM DlsTRlcT
RERAIA. , PIN - 691006
B.A.Nos.7913, 7981, 8006,
8059, 8203, 8239, 8606, 8754 & 8763 of 2022
15
UNION 0F INDIA
REPRESENTED BY THE DEPUTY S0I.ICITOR GENERAI. OF INI)IA
FOR RERAIA HIGH COURT ,HIGH COURI 0F RERAIA. ,
PIN - 682031
FOREIGN REGIONAL REGISTRATION OFFICER
FOREIGRERs REGlormL REGlsTRATloN oFFlcE, Tc 14/1377 ,
OpposlTE GANAPATI TEneLE, TIIycAul] p
O,THIRIJVZINZNIHAPURAM. , PIN -695014
MEBCER SECRETARY
KERAIA STATE I[EGAL sERvlcEs AUTHORITY,NI¥Abn sAHA¥A
BHAVAN, KOCHI-682031. , PIN - 682031
I]IRECTORATE OF "ChGN AND CHIID DEVEI[OnGNT,
REPRESENTED BY ITS DIRECTOR
DIRECTORATE oF Wch4EN AND CHIID DEVEI.onGNT , poodApuRA
THIRtJVTLBtNIHAPUEN. , PIN - 695012
DIRECTORATE OF HEAI,TH sERvlcEs riEPRESENTED By ITs
DIRECTOR, DIRECTORATE 0F HEALTH SERVICES ,
GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM. ,
PIN - 695035
8¥ ADv rmNu s. DSG oF INDIA
8¥ sR.pp sum.SEETHA s.
THIS BAIL APPIIICATI0N EIAVING CchG UP FOR ADMISSION 0N
22.11.2022, AI.ONG WITI] Bail Appl..8059/2022 AND CONNECTED
CASES, THE COURT 0N THE SABG DAY DElilvERED THE F0IiLONING:
B.A.Nos.7913, 7981, 8006,
8059, 8203, 8239, 8606, 8754 & 8763 of 2022
16
IN THE HIGH COURT 0F RERAIA AT EBNAKUIIAM
PRESENT
TIRE HONOURABId= MR. JUSTICE VIJU ABRAEIAM
TUESDAY, THE 22ro mr oF NovmcER 2022 / 1sT AGRAHA¥un, 1944
BZIIII APPL. NO. 8754 0F 2022
CRIME No. 529/2o22 oF PAI.LITHOTTZD4 poLlcEsmTloN, rrol4.AM
PETITIONER/ACCUSED :
pRzrvEmlnN,AGED 26 ¥EARs
s/o RAGu, HusKINsoN STRET , TRINcchnl.EE , SRIIANKA,
PIIN - 310000
BY ADVS .
v. I . RAlroI. , SHERIN EDlson
ANAND a. ,SREERAJ M.D.
SHIFA IIATHREF, SREEJESH R.
ANAS 8. ,dlsHA T.S.
DEVIKA G. RAIESH
DNIRA S.
REspONDENTs/STATE ANI> cOMplLAINaNT :
STATE OF KERA14A
REPRESENTED BY PUBLIC PROSECUTOR, HIGH CotJRT 0F
RERAIA, PIN - 682031
SUB INSPECTOR 0F POLICE/SIIO , PALLITHOTTAM POLICE
STAIION, Kol.InM, plN - 691006
UNION 0F INDIA REPRESENTED BY THE DEPUTY SOI.ICITOR
GENERAL OF INDIA FOR RERAIA HIGH COURT,
HIGH COURT OF RERAIA. , PIN - 682031
FIOREIGN REGIONAL REGISTRATION OFFICER, FOREIGNERS
REGIchlAI-REGISTRATION 0FTICE , TC 14/1377 , OPPOSITE
GANAPATI TEMPLE , THYCZIUD PO ,
THIRUVANZINTHAPURAI}4, PIN - 695014
RERAIA STATE IiEGAI. SERVICES AUTHORITY REPRESENTED
BY THE MEDER SECRETARY,NIYAMA SAHAYA BHAEN,KOCHI,
PIN - 682031
8¥ ADV inNu s. DSG oF INDIA
8¥ pp SRI.M.c.asHI
B.A.Nos.7913, 7981, 8006,
8059, 8203, 8239, 8606, 8754 & 8763 of 2022
17
THIS BAIL APPIIICATI0N HAVING COME UP FOR ADMISSION ON
22.11.2022, AlaNG WITH Bail Appl..8059/2022 AND CONNECTED
cASEs, THE count ON THE SAME DAy DELlvERED THE roLIOwING:
B.A.Nos.7913, 7981, 8006,
8059, 8203, 8239, 8606, 8754 & 8763 of 2022
18
IN TE[E HIGt] cOuRT OF RERAIA AT EBNAK(7InM
PRESET
TRE HCINOURABIE MR. JUSTICE VIJU ABRAHAM
TUEsrm!r, THE 22ro Day oF NovErmER 2022 / 1sT AGRAm][:ARE, 1944
BAII] Appl,. ro. 8763 oF 2o22
CRIME NO. 8763/2022 0F KOI.IiAM EAST P0IIICESTATION
PETITIONER/2ID ACCUSED :
SUTHARSEN,AGEI) 26 YEARS
S/0 ANTHONY KESAVAN,
24/HARIDAsVATHAI,TRINveDnREE,
SRIIANKA-, PIN -310000
BY ADVS .
V. I . RAHUL , SREERAJ M. D .
ANAND a. ,SHERIN EDISCIN
SHIFA IIATHREF, SREEJESH R.
ANAS a. ,JISHZI J.S.
DEVIKA G. RAJESH
DNIRA S.
REspoNDENT/STRE/coMplAINaNT:
SIAIE OF RERAIA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT 0F
RERAIA, PIN - 682031
SUB INSPECTOR 0F POLICE/SH0
PALLITHOTTAM POLICE STATION, K0I.LAM DISTRICT,
PIN - 691006
UNION 0F INDIA
REPRESENTED BY THE DEPUTY SOIIICITOR GENERAI. OF INDIA
FOR KERAIA HIGH COURT ,HIGH COURT OF KERAIA-. ,
PIN - 682031
FOREIGIN REGIONAII REGISTRATION OFFICER
FOREI®lERS REGI0NAI. REGISTRATION OFFICE, TC 14/1377 ,
OpposlTE GANAPATI TrmldE, THyczLUD p
o,THIRuvAimNTIIApuRAM. , plN - 695ol4
REneER sECRETAR¥, RERAIA STATE I[EGAI. sERvlcEs
AUTHORITY.
KERAIA STATE u=GAL SERVICES AUTHORITY ,
NI¥Ann sAHA¥A BHAVAN, Koct[I, plN - 682o31
BY ADV MZINtJ S. DSG OF INI)IA
B.A.Nos.7913, 7981, 8006,
8059, 8203, 8239, 8606, 8754 & 8763 of 2022
19
BY PP SRI.M.C.ASHI
THIS BAIL APPIIICATION HAVING CchG UP FOR ADMISSION 0N
22.11.2022, AI0NG WITH Bail Appl..8059/2022 AND CONNECTED
cASEs, THE cOuRT ON THE sAac I]Ay DELlvERED THE Poll.OwlNG:
B.A.Nos.7913, 7981, 8006,
8059, 8203, 8239, 8606, 8754 & 8763 of 2022
20
VIJU ABRAHAM, J.
1111,11,,,,,,,,,.,,,,I,,,,,,,,,,
B.A.Nos.7913, 7981, 8006,
8059, 8203, 8239, 8606, 8754 & 8763 of 2022
I,,,,,1,11,,,,,,,,,,I,,..,,,,I,,,,1
Dated this the 22nd day of November, 2022
ORDER
These are applications for regular bail.
2. Petitioners in B.A.Nos. 8606, 7981, 8006, 8239 and 8754 of
2022 are accused in Crime No. 529 of 2022 of Pallithottam Police
station, Kollam District registered alleging commission of offences
punishable under Sections 511 and 370 read with Section 34 of the
Indian Penal Code, Sections 14A and 14C of the Foreigners Act,1946,
Section 10 of the Emigration Act and Section 12(1)(a) of the Passport
Act. The petitioners in B.A.Nos.7913, 8059, 8203 and 8763 of 2022 are
accused in Crime No.868 of 2022 of East Police Station, Kollam District,
registered alleging commission of offences punishable under Sections
511 and 370 read with Section 34 of the Indian Penal Code and Sections
14A,14a(b),148 and 14C of the ForeignersAct,1946.
3. After hearing the contentions of both sides this court as per
orders dated 28.10.2022 and 04.11.2022 passed interim bail order on
conditions, awaiting further instructions in the matter from the
respondents concerned especially regarding their stay after their release
B.A.Nos.7913, 7981, 8006,
8059, 8203, 8239, 8606, 8754 & 8763 of 2022
since the petitioners are Srilankan refugees/foreign nationals.
4. The petitioners involved in this crime except petitioners in
B.A. No.7981 of 2022, petitioners 1 and 2 in B.A. No. 8606 of 2022 and
petitioners in B.A. No.8006 of 2022 though granted interim bail were
directed to stay after their release on bail in Open Prison and
Correctional Home, Nettukaltheri, Thiruvanathapuram awaiting the
establishment of detention center/transit home. The learned public
prosecutor upon instructions submitted that a transit home has been
established in terms of the Model Detention manual in Mayyanad Grama
Panchayath, Kottiyam, in Kollam District as per Government order, G.O.
(MS) No.10/2022/SJD dated 03.09.2022 and that those foreign nationals
who are involved in the crime can be allowed to stay in the said transit
home.
5. As regards the srilankan refugees, i.e., petitioners 1, 2 and
3 in B.A. No.7913 of 2022 and the petitioners in B.A.No.8059 of 2022
and 8239 of 2022, the counsel for the respective petitioners would
submit that they may be sent back to their respective refugee camps.
The petitioners rely on the judgment in Premanand y. State of Hera/a,
MANt/MKEy0633#2073, in which this Court in a similar circumstance
permitted the petitioners therein to continue to stay in the refugee camps
concerned. Learned Public Prosecutor did not oppose the request to
follow the same procedure in the present cases also.
B.A.Nos.7913, 7981, 8006,
8059, 8203, 8239, 8606, 8754 & 8763 of 2022
6. In the interim bail order dated 28.10.2022 it is also ordered
that the petitioners in B.A. No.7981 of 2022 and their child, petitioners 1
and 2 in B.A. No. 8606 of 2022 and petitioners in B.A. No.8006 of 2022
and their two children (Master Thenu Jayapriyan and Miss Vojika) shall
stay at the home run by Gandhi Bhavan International Trust at
Pathanapuram, Kollam District until further orders are issued by this
Court. When the matter was taken up for consideration today, the
learned counsel appearing for these petitioners submitted that direction
may also be issued to the authorities concerned to provide educational
facilities to the two children (Master Thenu Jayapriyan and Miss Vojika)
of the petitioners in B.A. No.8006 of 2022. Learned counsel for the
petitioners pointed out that there are two schools nearby, i.e., St.
Stephen's Higher Secondary School for Boys, Pathanapuram and Mount
Tabor School H.S.S. for Girls, Pathanapuram, where these children
co`uld be accommodated. As regards these petitioners are concerned,
taking into consideration the health condition of one of the children of the
petitioners and also the advanced pregnancy stage of one of the
petitioners, this court is of the opinion that they should be allowed to
continue at the home run by Gandhi Bhavan lnte+national Trust at
Pathanapuram, Kollam District.
In view of the intervening circumstances, these bail
applications could be disposed of making the interim bail orders dated
B.A.Nos.7913, 7981, 8006,
8059, 8203, 8239, 8606, 8754 & 8763 of 2022
28.10.2022 and 04.11.2022 absolute with furt.her additional directions
and modifications as follows:
1. The petitioners who are foreign nationals, who have been
directed to stay at Open Prison and Correctional Home,
Nettukaltheri, Thiruvanathapuram as per orders dated 28.10.2022
and 04.11.2022 shall immediately be transferred by the
investigating officer and be permitted to stay at the transit home at
Mayyanad Grama Panchayath, Kottiyam, in Kollam District
established as per Government order, G.O.(MS) No.10/2022/SJD
dated 03.09.2022. Necessary arrangements in this regard shall
be taken by the investigating officers.
2. Petitioners 1, 2 and 3 in B.A No.7913 of 2022 and the petitioners
in B.A. Nos.8059 of 2022 and 8239 of 2022 who are Srilankan
refugees who were granted interim bail as per order dated
28.10.2022 and are continuing in Open Prison and Correctional
Home, Nettukaltheri, Thiruvanathapuram, shall be taken from the
said jail by the investigating officer to Chennai and be handed
over to the Commissioner of Rehabilitation of Refugees, Chepauk,
Chen.nai or any of his subordinate competent and authorized to
receive their custody. The investigating agency shall obtain an
undertaking from the Commissioner of Rehabilitation of Refugees,
Chepauk, Chennai to cause production of these petitioners before
B.A.Nos.7913, 7981, 8006,
8059, 8203, 8239, 8606, 8754 & 8763 of 2022
the jurisdictional court concerned if need be and also for making
them available for investigation or for the trial of the case and
produce the said undertaking before the jurisdictional court
concerned within two weeks from the date of release and handing
over of the petitioners as directed above.
3. The petitioners in B.A. No.7981 of 2022 and their child, petitioners
1 and 2 in B.A. No. 8606 of 2022 and petitioners in B.A. No.8006
of 2022 and their two children (Master Thenu Jayapriyan and Miss
Vojika) who were allowed to stay at the home run by Gandhi
Bhavan International Trust at Pathanapuram, Kollam District as
per interim order dated 28.10.2022 shall be allowed to continue
there until further orders.
4. As regards providing educational facilities for Master Thenu
Jayapriyan and Miss Vojika, the District Collector, Kollam and the
District Educational Ofricer concerned shall make necessary
arrangements so that the children continue their education in the
schools suggested by the counsel for the petitioners, or at any
other schools nearby Gandhi Bhavan International Trust at
Pathanapuram, Kollam District. The victim Rights Centre under
KeLSA shall also interact with the authorities concerned so that
the children are provided educational facilities without any delay.
5. The directions contained in the interim bail orders dated
B.A.Nos.7913, 7981, 8006,
8059, 8203, 8239, 8606, 8754 & 8763 of 2022
28.10.2022 and 04.11.2022 shall be strictly complied with except
the one which are modified or substituted by this order and the
interim bail orders dated 28.10.2022 and 04.11.2022 shall form
part of this final order.
6. It is made clear that the petitioners and the respondent authorities
are free to approach this Court if need arise in future, for the
effective implementation of the above said directions and the
directions in the interim bail orders dated 28.10.2022 and
04.12.2022.
With the abovesaid directions, the bail applications are
disposed of.
Sd/-
VIJU ABRAHAM
JUDGE
cks
VIJU ABRAHAM, J.
B.A.Nos.7913, 7981, 8006,
8059, 8203, 8239 and 8606, of 2022
Dated this the 28th day of October, 2022
ORDER
Petitioners in B.A.Nos.8606, 7981, 8006 and 8239 of 2022
are accused in Crime No. 529 of 2022 of Pallithottam Police station,
Kollam District registered alleging commission of offences punishable
under Sections 511 and 370 read with Section 34 of the Indian Penal
Code, Sections 14A and 14C of the Foreigners Act,1946, Section 10 of
the Emigration Act and Section 12(1 )(a) of the Passport Act.
2. The prosecution allegation in crime No.529 of 2022 is that
the petitioners in furtherance of their common intention along with other
accused and children, were found near Vaddy Harbour, Kaikulangara
Cheny Kollam West Vlllage Kollam, without proper travel documents
and permissions while making preparations for illegally immigrating to
Canada via Sea. It is alleged that the petitioners along with other
accused had intentions and preparations for human trafficking.
3. All the petitioners in these bail applications were amested
on 06.09.2022 and they are in custody since then.
4. The petitioners in B.A.Nos.7913, 8059 and 8203 of 2022
B.A.Nos.7913, 7981, 8006,
8059, 8203, 8239 and 8606, of 2022
are accused in Crime No.868 of 2022 of East Police Station, Kollam
District, registered alleging commission of offences punishable under
Sections 511 and 370 read with Section 34 of the Indian Penal Code
and Sections 14A,14a(b),148 and 14C of the Foreigners Act,1946.
5. Prosecution allegation in crime No.868 of 2022 is that the
petitioners allegedly sneaked from refugee camps in Tamil Nadu, who
were aware that foreign citizens are not permitted to travel within India
without proper and valid travel documents, were found within various
regions in Tamil Nadu and India without possessing sufficient
documents and that they were lured by 17th accused along with
accused Nos.1 and 2 promising jobs in Canada after collecting money
from the petitioners, reached Kollam with a plan to sail to Canada in a
boat and stayed at Kollam in a hotel and that to commit human
trafficking, the accused were supposed to leave foreign countries in a
fishing boat from Kollam.
6. All the petitioners in these bail applications were arrested
on 06.09.2022 and they are in custody since then.
7. Petitioners in these bail applications submit that they are
falsely implicated in the abovesaid crimes and that the investigation is
practically over and their further detention is not required for the
B.A.Nos.7913, 7981, 8006,
8059, 8203, 8239 and 8606, of 2022
purpose of the investigation.
8. Learned pubilc proseutor upon instructions submitted that
the investigation is going on and the allegation against the petitioners
are of a serious nature. The learned Deputy Solicitor General of India,
appearing for the Union of India and FRRO, Thiruvanathapuram
submitted that since these petitioners are all foreign nationals they
cannot be allowed to move around freely in the country after their
release until and unless necessary decision is taken in this regard by
the Civil Authorities. The said view was reiterated by the learned Public
Prosecutor also. On a specific query made by this Court to the learned
Public Prosecutor as to whether there are any detention centers
established by the State Government, so that the petitioners could stay
if they are released on bail, he submitted that the issue regarding
establishment of detention centres in the State is under consideration of
this Court in W.P(Cri). No.96 of 2022 and that it was submitted by the
Government in the said case that a building has been identified at
Kottiyam in Kollam District to start a transit home. Thereafter, this
Court in the said Writ Petition has issued an order dated 20.10.2022
that a temporary detention center should be set up within a period of
one month from the date of the order, failing which the Secretaries of
B.A.Nos.7913, 7981, 8006,
8059, 8203, 8239 and 8606, of 2022
the concerned department shall appear before the Court in person and
the case is now being posted to 23.11.2022 for further consideration.
Learned Public Prosectuor upon instruction submitted that temporary
detention center will be established and notified without any delay and
thereafter the petitioners could be permitted to continue there in the
event of their release on bail. It is further seen that many of the
petitioners are persons who were living in various refugee camps
situated in State of Tamil Nadu and petitioners as well as the
respondents submitted that they could be sent back to such refugee
camps in Tamil Nadu where strict surveillance is provided by the
Government of Tamil Nadu. This Court has impleaded the Director of
Rehabilitation and Welfare of Non Resident Tamils, Chepauk, Tamil
Nadu as additional respondent and notice has been issued to the said
respondent by speed posve-mail and the question of sending back the
petitioners to refugee camps established by the Government of Tamil
Nadu could be decided only after obtaining the views of the said
respondent.
9. In viewofthe above, this court is of the opinion thatthese
bail applications should not be finally disposed of, so as to obtain the
views and instructions from the Government of Kerala, the Central
B.A.Nos.7913, 7981, 8006,
8059, 8203, 8239 and 8606, of 2022
Government and that of the Government of Tamil Nadu. Since the
petitioners are in custody from 09.06.2022 and some of them are
women, and a few of their children are now under the protection of the
Child Welfare Committee and now staying at care home and further
that child of one of the petitioners is having serious health issues, this
Court is of the opinion that petitioners cannot be further detained till
instructions are obtained from the respective Government departments
regarding the detention centres. Therefore, considering all these
aspects and also taking into consideration the fact that petitioners are in
custody from 06.09.2022 onwards, I am inclined to grant interim bail to
all the petitioners in these bail applications.
10. Since all these petitioners are citizens of Srilanka, this
Court is of the opinion that further directions are to be issued regarding
their stay after their release on bail till specific instructions are received
from the official respondents, who have already been impleaded in
these bail applications. The petitioners in B.A. No.7981 of 2022 are
husband and wife and they submit that they have come to India along
with their two children for the treatment of their 4 year old boy who is
suffering from "Kemicterus" a serious brain damage and the child
requires constant treatment. It is submitted that the child is presently
B.A.Nos.7913, 7981, 8006,
8059, 8203, 8239 and 8606, of 2022
with his mother at Attakulangara Women's Comectional Home. It is
further submitted that petitioners 1 and 2 in B.A. No.8606 of 2022 are
husband and wife and the 2nd petitioner is 5 months pregnant and is
detained in Attakulangara Women's Prison and Correctional Home and
her continued detention in prison is affecting her as well as her baby's
health. The petitoiners in B.A. No.8006 of 2022 are husband and wife
and they were arrested along with their two children and the children
are now under the custody of Child Welfare Committee, Kollam District
and the children are now separated from their parents as the petitioners
are detained in judicial custody. The Kerala State Legal Service
Authority (KELSA) was impleaded as a respondent in these cases. Adv.
Parvathy Menon representing KeLSA and the Victims Right Centre
under KELSA entered appearance and filed statements. Smt.Parvathy
Menon submitted that the facts stated above were verified and are
found to be genuine. The child who is ill, requires constant medical
attention. She further submits that the petitioners in B.A. No.7981 of
2022 and their child, petitioners 1 and 2 in B.A. No. 8606 of 2022 and
petitioners in B.A. No.8006 of 2022 and their two children (Master
Thenu Jayapriyan and Miss Vojika) can be acoommodated in the home
run by Gandhi Bhavan lntemational Trust at Pathanapuram, Kollam
B.A.Nos.7913, 7981, 8006,
8059, 8203, 8239 and 8606, of 2022
District till the Government starts detention centres or some other
rehabitation centres for such foreign citizens. Therefore, it is ordered
that the petitioners in B.A. No.7981 of 2022 and their child, petitioners 1
and 2 in B.A. No. 8606 of 2022 and petitioners in B.A. No.8006 of 2022
and their two children (Master Thenu Jayapriyan and Miss Vojika) shall
stay at the home run by Gandhi Bhavan International Trust at
Pathanapuram, Kollam District until further orders are issued by this
Court. It is further ordered that they shall not leave the premises of the
home run by Gandhi Bhavan lntemational Trust at Pathanapuram,
Kollam District without obtaining necessary permission from the
investigating officer in Crime No. 529 of 2022 of Pallithottam Police
station, Kollam District. The investigating officer shall deploy necessary
personnels for the surveillance of the petitioners who are permitted to
stay at the home run by Gandhi Bhavan International Trust at
Pathanapuram, Kollam District. The authorities under FRRO,
Thiruvanthapuram shall also be at liberty to visit the home, where they
are staying and shall also take necessary steps required under laws
with regard to foreign citizens, in respect of all the petitioners in these
bail applications. The Director of Health Services is impleaded as
Additional Respondent in these bail applications. The said respondent
B.A.Nos.7913, 7981, 8006,
8059, 8203, 8239 and 8606, of 2022
as well as the District Medical Officer, Kollam shall see that necessary
medical facility is provided to the child who is suffering from
'Kernicterus' and also to the pregnant woman, including providing
necessary ambulance service, whenever required. Adv. Paravthy
Menon submitted that necessary facilities for their stay and basic
medical facilities will be provided by the Gandhi Bhavan International
Trust and if any specialized treatment is required it should be provided
by the District Medical Officer, Kollam. It is made clear that if any
requirement arises for taking the children or any of the petitioners out of
the home where they are allowed to stay as per this order, the
authorities of Gandhi Bhavan International Trust or the authorities
under the KELSA shall do so only after getting necessary permission of
the investigating officer in Crime No. 529 of 2022 of Pallithottam Police
station, Kollam District and the investigating officer shall grant
permission without any delay if such request is made and they shall be
allowed to move out of the Home under police protection.
11. As regards the other petitioners, ie., 3rd petitioner in
B.A.No. 8606 of 2022 and petitioners in B.A.No.7913 of 2022,
B.A.No.8203 of 2022, B.A.No. 8059 of 2022 and B.A.No.8239 of 2022,
their further stay after their release will be decided only after getting
B.A.Nos.7913, 7981, 8006,
8059, 8203, 8239 and 8606, of 2022
instructions from the official respondents. Learned Public Prosecutor
upon instructions submitted that these petitioners could be allowed to
stay in Open Prison and Comectional Center, Nettukaltheri,
Thiruvananthapuram till the bail applications are disposed of, for which
the learned counsel for the respective petitioners also agreed to.
Therefore, the 3rd petitioner in B.A.No. 8606 of 2022 and petitioners in
B.A.No.7913 of 2022, B.A.No.8203 of 2022, B.A.No. 8059 of 2022 and
B.A.No.8239 of 2022, shall be allowed to stay in Open Prison and
Correctional Home, Nettukaltheri, Thiruvananthapuram, till further
orders are issued by this Court and the investigating officer shall take
steps to take them to Open Prison and Correctional Center,
Thiruvananthapuam, after their release on bail. It is made clear that
petitioners are not staying in the said open jail as prisoners but only as
a temporary arrangement till further orders are issued in this regard.
The Superintendent of Open Prison and Correctional
Center,Thiruvanathapuram, shall see that all basic amenities including
food and medical facilities are provided to the petitioners without fail. It
is further submitted by the learned counsel for the petitioners that since
they are from a foreign country, they are finding it difficult to find solvent
sureties and therefore they shall be released on personal bond. I find
B.A.Nos.7913, 7981, 8006,
8059, 8203, 8239 and 8606, of 2022
considerable force in the said request and also taken into consideration
the fact that even after the release of the petitioners, they are kept
under police surveillance, I feel that their prayer for release on
executing personal bond can be allowed.
Therefore interim bail is granted to the petitioners on the
following conditions:
(i) Petitioners shall be released on bail executing a personal
bond of Rs.25,000/- (Rupees twentyfive thousand only) (solvent or not)
before the jurisdictional court.
(ii) Petitioners shall co-operate with the investigation.
(iii) Petitioners shall not attempt to interfere with the
investigation or to influence any witnesses in Crime No.529 of 2022 of
Pallithottam Police Station, Kollam District and Crime No.868 of 2022 of
East Police Station, Kollam District.
(iv) Petitioners shall not involve in any other crime while on
bail.
(v) Petitioners in B.A.No.7981 of 2022, petitioners 1 and 2 in
B.A.No. 8606 of 2022 and petitioners in B.A.No.8006 of 2022 shall
furnish necessary undertaking/affidavit before the jurisdictional court to
the effect that they shall continue to stay at the home run by Gandhi
B.A.Nos.7913, 7981, 8006,
8059, 8203, 8239 and 8606, of 2022
Bhavan lntemational Trust, Pathanapuram and it is further ordered that
they shall not move out of the said home without obtaining prior
permission of the investigating officer in the.Crime No.529 of 2022 of
Pallithottam Police Station, Kollam District.
(vi) The 3rd petitioner in B.A.No.8606 of 2022 and petitioners
in B.A.No.7913 of 2022, B.A.No.8203 of 2022, B.A.No. 8059 of 2022
and B.A.No.8239 of 2022 shall stay after their release on bail in Open
Prison and Correctional Home, Nettukaltheri, Thiruvananthapuram, until
further orders.
If any of the conditions are violated the investigating officer
in the abovesaid crimes ( Crime No.529 of 2022 of Pallithottam Police
Station, Kollam and Crime No.868 of 2022 of East Police Station,
Kollam) shall be at liberty to move the jurisdictional court for
cancellation of bail.
The jurisdictional Magistrate shall issue necessary
directions to the authorities concerned to implement the directions
contained in this order.
The investigating officer in Crime No.529 of 2022 of
Pallithottam Police Station, Kollam and Crime No.868 of 2022 of East
Police Station, Kollam shall take sincere endeavour to complete the
B.A.Nos.7913, 7981, 8006,
8059, 8203, 8239 and 8606, of 2022
investigation and file respective final reports at the earliest.
The I.urisdictional court shall soon after receipt of the final
report in the above numbered crimes, shall take sincere steps to
complete the trial of the cases at the earliest, at any rate within a period
of three months from the date of filing of the final reports.
The official respondents are directed to submit concrete
and specific instructions especially regarding their continued stay,
before the next posting date. Post the case for further consideration on
03.11.2022.
Sd/-
VIJU ABRAHAM
JUDGE
cks
BA Nos. 8754 & 8763 of 2022
VI|U ABRAHAM, I
BA Nos. 8754 & 8763 Of 2022
Dated this the 4th day of November, 2022
ORDER
These are applications for interim bail.
2. In BA No.8754 of 2022, the petitioner is the second
accused in Crime No.529/2022 of the Pallithottam Police
Station, Kollam under the Jurisdiction of Judicial First class
Magistrate Court -11, Kollam„ The petitioner is a Sri Lankan
Citizen and alleged to have committed offences under Sections
511,370 r/w S.34 of the rndian Penal Code, U/s 14 A and 14 C
of Foreigners Act 1946 ,Section 10 of The Emigration Act and
U/S 12 (1) (a) of The Passport Act.
3. The prosecution allegation is that under the aid of
the petitioner and first accused and in furtherance of their
common intention the petitioner, other accused and their
children were found near Vaddy Harbour, Kaikulangara Cherry
Kollam West Village Kollam, without proper travel documents
and permissions while making preparations for illegally
immigrating to Canada Via Sea. It is alleged that the petitioner
BA Nos. 8754 & 8763 of 2022
along with other accused had intentions and preparations for
Human Trafficking and thereby the accused has committed the
aforesaid offences.
4. The petitioner was arrested on 06.09.2022 and is in
custody since then.
5. In BA No.8763/2022, the petitioner is a citizen of Sri
Lanka and the 2nd accused in Crime No.868/2022 of the East
Police Station Kollam, alleging commission of offences
punishable under Sections 51 370 \r/w S.34 of the Indian
Penal Code and U/s 14 A, 14 a {b),14 8,14 C of Foreigners Act
1946.
6. The prosecution allegation as in FIR is that the, first
accused and petitioner in this case who are Sri Lankan
Citizens, with intention to obtain unlawful gain, obtained
money from accused 3 to 11 and had intentions and
preparations for Human Trafficking by transporting them
unlawfully to foreign countries via Sea Accused 3 to 11 are Sri
Lankan Refugees who deserted from the Refugee camps
without permission. Despite being aware that refugees/foreign
citizens are not permitted to travel within India without proper
BA Nos. 8754 & 8763 of 2022
and valid travel documents, they travelled to Kollam, Kerala
and were found by police at Ambadi Lodge, Kollam Kerala
without proper Travel Documents.. Accused 12 to 16 were
subsequently arrested. It is also further alleged that the 15th
and 16th accused in this case who are Indian Citizens abetted
the other accused persons in the commission of the alleged
offences.
7. The petitioner was arrested on 05-09-2022 and is in
custody since then[
8. Petitioners in these bail applications submit that they
are falsely implicated i he abovesaid crimes and that the
investigation is practically over and their further detention is
not required for the purpose of the investigation.
9. Learned Public Prosecutor upon instructions submitted
that the investigation is going on and the allegation against the
petitioners are of a serious nature. The learned Deputy
Solicitor General of India, appearing for the Union of India and
FRRO, Thiruvanathapuram submitted that since these
petitioners are all foreign nationals they cannot be allowed to
move around freely in the country after their release until and
BA Nos. 8754 & 8763 of 2022
unless necessary decision is taken in this regard by the Civil
Authorities. The said view was reiterated by the learned Public
Prosecutor also. On a specific query made by this Court to the
learned Public Prosecutor as to whether there are any
detention centers established by the State Government, so that
the petitioners could stay if they are released on bail, he
submitted that the issue regarding establishment of detention
centres in the State is under consideration of this Court in
W.P(Crl). No.96 of 2022 and that jt was submitted by the
Government in the said case that a building has been
identified at Kottiyam i Ko]Iam District to start a transit
home. Thereafter, this Court in the said Writ Petition has
issued an order dated 20.10.2022 that a temporary detention
center should be set up within a period of one month from the
date of the order, failing which the Secretaries of the
concerned department shall appear before the Court in person
and the case is now being posted to 23,11.2022 .for further
consideration. Learned Public Prosecutor upon instruction
submitted that temporary detention center will be established
and notified without any delay and thereafter the petitioners
BA Nos. 8754 & 8763 of 2022
could be permitted to continue there in the event of their
release on bail. It is further seen that many of the petitioners
are persons who were living in various refugee camps situated
in State of Tamil Nadu and petitioners as well as the
respondents submitted that they could be sent back to such
refugee camps in Tamil Nadu where strict surveillance is
provided by the Government of Tamil Nadu.
10. In view of the above, th.is Court is of the opinion that
these bail applications shall not be finally disposed of, so as to
obtain the views and instructions from the Government of
Kerala, the Central Government and that of the Government
of Tamil Nadu. Since the petitioners are in custody from
06.09.2022 this Court is of the opinion that petitioners cannot
be further detained till instructions are obtained from the
respective Government departments regarding the detention
centres. Therefore, considering all these aspects and also
taking into consideration the fact that petitioners are in
custody from 06.09.2022 onwards, I am inclined to grant
interim bail to all the petitioners in these bail applications.
BA Nos. 8754 & 8763 of 2022
11. Since all these petitioners are citizens of Srilanka, this
Court is of the opinion that further directions are to be issued
regarding their stay after their release on bail till specific
instructions are received from the official respondents.
12. As regards the petitioners in these bail applications,
their further stay after their release will be decided only after
getting instructions from the official respondents. Learned
Public Prosecutor upon instr\uctions submitted that these
petitioners could be allowed to stay in Open Prison and
Correctional Center, Nettukalthe Thiruvananthapuram till the
bail applications are disposed of, for which the learned counsel
for the respective petitioners also agreed to. Therefore, the
petitioners in both the bail applications shall be allowed to stay
in Open Prison and Correctional Home, Nettukaltheri,
Thiruvananthapuram, till further orders are issued by this
Court and the investigating officer shall take steps to take
them to Open Prison and Correctional Center,
Thiruvananthapuam, after their release on bail. It is made clear
that petitioners are not staying in the said open jail as
prisoners but only as a temporary arrangement till further
BA Nos. 8754 & 8763 of 2022
orders are issued in this regard. The Superintendent of Open
Prison and Correctional Center,Thiruvanathapuram, shall see
that all basic amenities including food and medical facilities
are provided to the petitioners without fail. It is further
submitted by the learned counsel for the petitioners that since
they are from a foreign country, they are finding it difficult to
find solvent sureties and therefore they shall be released on
personal bond. I find considerable force in the said request
and also taken into consideration the fact that even after the
release of the petitioners, they are kept under police
surveillance, I feel that t prayer for release on executing
personal bond can be allowed. Therefore interim bail is
granted to the petitioners on the following conditions:
(i) Petitioners shall be released on bail executing
a personal bond of Rs.25,000/- (Rupees twenty
five thousand only) (solvent or not) before the
jurisdictional court.
(ii) Petitioners shall co-operate with the
investigation.
BA Nos. 8754 & 8763 of 2022
(iii) Petitioners shall not attempt to interfere
with the investigation or to influence any
witnesses in Crime No.529 of 2022 of
Pallithottam Police Station, Kollam District and
Crime No.868 of 2022 of East Police Station,
Kollam District.
(iv) Petitioners shall not involve in any other
crime while on bail.
(v) The petitioners in th the bail applications
shall stay after their re ase on bail in Open
Prison and Cor ctional 'Home, Nettukaltheri,
Thiruvananthapuram, until further orders.
If any of the conditions are violated the investigating
officer in the abovesaid crimes (Crime No.529 of 2022 of
Pallithottam Police Station, Kollam and Crime No.868 of 2022
of East Police Station, Kollam) shall be at liberty to move the
jurisdictional court for cancellation of bail.
The jurisdictional Magistrate shall issue necessary
directions to the authorities concerned to implement the
directions contained in this order. The investigating officer in
BA Nos. 8754 & 8763 of 2022
Crime No.529 of 2022 of Pallithottam Police Station, Kollam
and Crime No.868 of 2022 of East Police Station, Kollam shall
take sincere endeavour to complete the investigation and file
respective final reports at the earliest. The jurisdictional court
shall soon after receipt of the final report in the above
numbered crimes, shall take sincere steps to complete the trial
of the cases at the earliest, at any rate within a period of
three months from the date of filing of the final reports. The
official respondents are directed to submit concrete and
specific instructions especially regarding their continued stay,
before the next posting date.
Post the case along with other connected cases.
sd/-
Vlju ABRAHAM, JUDGE
R.AV
