Sampson Chibuzor Madukolu vs State Of Kerala
2025 Latest Caselaw 8320 Ker

Kerala High Court

Sampson Chibuzor Madukolu vs State Of Kerala on 29 April, 2025

CRL.MC NO. 3313 OF 2025

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             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE EASWARAN S.

    TUESDAY, THE 29TH DAY OF APRIL 2025 / 9TH VAISAKHA, 1947

                       CRL.MC NO. 3313 OF 2025

CRIME NO.608/2018 OF GURUVAYOOR TEMPLE POLICE STATION, Thrissur

        AGAINST THE ORDER/JUDGMENT DATED IN CC NO.327 OF 2024 OF

JUDICIAL MAGISTRATE OF FIRST CLASS ,CHAVAKKAD


PETITIONER/S:

    1      SAMPSON CHIBUZOR MADUKOLU
           AGED 32 YEARS
           S/O GODFREY ARINZER MADUKOLU, AWKA NORTH, AMANUKE TOWN
           VILLAGE, ONITSHA DISTRICT, ANANBRA SATE, NIGERIA,
           420115 PRESENTLY DETAINED AT DETENTION CENTRE (TRANSIT
           HOME), MAYYANADU, KOTTIYAM, KOLLAM, PIN - 691571

    2      CHRISTIAN MADUABUCHI OBIJI
           AGED 45 YEARS
           CHRISTIAN MADU ABUCHI OBIJU, AGED 37/19, S/O COLNUS,
           OWERRI TOWN, MOBANO IMO STATE, NIGERIA, 460271
           PRESENTLY DETAINED AT DETENTION CENTRE (TRANSIT HOME),
           MAYYANADU, KOTTIYAM, KOLLAM, PIN - 691571

           BY ADV NIHARIKA HEMA RAJ


RESPONDENT/S:

    1      STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
           PIN - 682031

    2      MANAGER, DETENTION CENTRE (TRANSIT HOME)
           MAYYANADU, KOTTIYAM, KOLLAM, PIN - 691571

    3      FOREIGNERS REGIONAL REGISTRATION OFFICER (FRRO)
           COCHIN INTERNATIONAL AIRPORT 2ND FLOOR, AIRLINES
           BUILDING, NEDUMBASSERY, PIN - 683111
 CRL.MC NO. 3313 OF 2025

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    4     UNION OF INDIA
          REPRESENTED BY ITS SECRETARY, THE MINISTRY OF HOME
          AFFAIRS, NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI,
          PIN - 110001


          BY ADV C.DINESH


OTHER PRESENT:

          ADV M C ASHI PP
          SMT.MINI GOPINATH, CGC


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
29.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 3313 OF 2025

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                         EASWARAN S., J.
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                   Crl.M.C. No.3313 of 2025
              ---------------------------------------------
             Dated this the 29th day of April, 2025

                               ORDER

The present Crl.M.C. is preferred seeking for a

direction by invoking the powers of this Court under Section

528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short,

BNSS) to give effect to the directions contained in Annexures I

and II, and for a direction to the respondents to facilitate the

petitioners to travel to Nigeria, since they are in possession of

valid travel documents.

2. The brief facts necessary for disposal of this Crl.M.C.

is as follows:

The petitioners are nationals of the Federal Republic of

Nigeria and they were convicted by the Judicial First Class

Magistrate Court, Chavakkad, for offences under Section 12(1)

(c) of the Passport Act and Section 14A of the Foreigners Act

read with Rule 3(1)(a) of the Foreigners Order. The petitioners

were arrested on 01.02.2019 and have been either detained or CRL.MC NO. 3313 OF 2025

imprisoned since then. By Annexure-I order, the Magistrate has

sentenced the petitioners for simple imprisonment for a period

of one year for the offence punishable under Section 12(I)(c) of

the Passport Act and for a period of two years and to pay fine of

20,000/- for the offence punishable under section 14A of the

Foreigners Act read with Section 3(I)(a) of the Foreigners Order

1948. It appears that since the petitioners were detained on

01.02.2019 and continued till the date of the conviction, it was

ordered that the period spent by them in detention be reckoned

and set off towards the punishment imposed by the Court. The

present grievance of the petitioner is that even after the period

of imprisonment being set off as against the period of detention,

they are not allowed to travel abroad to their country.

3. When this Crl.M.C. came up for consideration before

this Court on 11.04.2025, the following interim order was

passed:

I have heard the learned counsel for the petitioners and the learned DSGI.

2. This Court is of the opinion that insofar as the petitioners have served the sentence imposed on them, their departure from India cannot be prevented by citing technical or CRL.MC NO. 3313 OF 2025

procedural reasons. Therefore, if the petitioners book their tickets with advance notice to the FRRO concerned and produce the same before this Court, a positive direction can be issued, taking into account the order passed by this Court in Crl.M.C.4660 of 2024 under almost similar circumstances.

Post on 29.04.2025."

4. Today, when the matter is taken up for consideration,

Smt.Niharika Hema Raj, the learned counsel appearing for the

petitioners placed on record the travel documents in the form

of tickets purchased by them pursuant to the order dated

11.04.2025.

5. On the other hand, Smt.Mini Gopinath, the learned

counsel appearing on behalf of the respondents submitted that

the petitioners have purchased the tickets for travel from

Mumbai and in such circumstances, an official will have to be

deputed from Kerala to Mumbai to oversee the fact as to

whether the petitioners have boarded their flight to Nigeria.

6. The learned counsel for the petitioners further points

out that as per the instructions received by them from the

Foreigners Regional Registration Officer, the 3 rd respondent, CRL.MC NO. 3313 OF 2025

they will have to purchase tickets for travel from Kochi to

Mumbai by train to be purchased by the Police Department and

an official of the 3rd respondent shall accompany them. The

learned counsel for the petitioners apprehends that this may

cause hindrance to their travel from Mumbai to Nigeria as

scheduled to take place on 22.05.2025.

7. The learned counsel for the petitioners further relies

on the decision of the Single Judge of this Court in Crl.M.C.

No.4660/2024 wherein in a similar case, directions have been

issued by this Court to the Foreigners Regional Registration

Officer to provide all assistance to ensure that the foreign

national boards the flight on the day of his travel as per the

ticket booked by him without unnecessary hassles from any

source.

8. In the peculiar facts and circumstances of this case,

this Court is not impressed by the argument by the learned

counsel for the respondents that the petitioners can travel only

from Kochi to Nigeria through alternate sources. So long as

this Court has permitted the petitioners to purchase the tickets

as per the order dated 11.04.2025, in as much as the petitioners

in compliance of the order have already procured the tickets, it CRL.MC NO. 3313 OF 2025

is unreasonable to insist upon various other conditions which

would cause unnecessary hassles in the travel of the foreign

nationals from Mumbai to Nigeria. As regards the apprehension

voiced by the learned counsel for the petitioners, this Court

suggested to the petitioners that, for the travel from Kochi to

Mumbai, the petitioners can themselves make necessary

arrangements for the travel by flight, including the tickets for

the officials who accompany them to Mumbai to oversee their

boarding of flight to Nigeria on 22.02.2025. The learned

counsel for the petitioners agreed with the suggestion and

agreed that, they will make necessary arrangements either by

train or by air, for the accompanying officials also in order to

oversee the departure of the petitioners to Nigeria.

9. Considering the totality of the facts and

circumstances and also invoking the inherent powers of this

Court under Section 528 of BNSS, this Court is of the view that

directions can be issued to the 3 rd respondent to depute two

officials to oversee the departure of the petitioners from

Mumbai on 22.05.2025. The petitioners shall arrange for

tickets for travel from Kochi to Mumbai either by rail or by air

and intimate the same to the 3 rd respondent atleast ten days CRL.MC NO. 3313 OF 2025

before their travel so that the 3 rd respondent can depute two

officials to oversee the departure of the petitioners on

22.05.2025 as per the schedule produced before this Court. In

such event, the 3rd respondent shall depute two officials to

oversee the departure of the petitioners.

With the aforesaid direction, this Crl.M.C. is ordered.

sd/-

EASWARAN S. JUDGE JV CRL.MC NO. 3313 OF 2025

PETITIONER ANNEXURES

Annexure I TRUE COPY OF THE JUDGMENT DATED 10.03.2025 IN C.C. NO. 59/2025 OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVAKKAD

Annexure II TRUE COPY OF THE JUDGMENT DATED 29.01.2025 IN C.C. NO. 327/2024 OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVAKKAD

Annexure III TRUE COPY OF THE PASSPORT OF THE 1ST PETITIONER BEARING NO. A12544794 ISSUED ON 31.08.2022 BY THE FEDERAL REPUBLIC OF NIGERIA TO THE 1ST PETITIONER

Annexure IV TRUE COPY OF THE PASSPORT OF THE 2ND PETITIONER BEARING NO. A12544795 ISSUED ON 31.08.2022 TO THE 2ND PETITIONER

Annexure V TRUE COPY OF THE LETTER BEARING NO.

TRST/KTYM/84/2025 DATED 14.03.2025 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT

Annexure VI TRUE COPY OF THE EMAIL SENT BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT DATED 17.03.2025

Annexure VII TRUE COPY OF A SCREENSHOT DATED 03.04.2025 FROM THE GOIBIBO APP SHOWING SUCH AN OPTION PRICED AT RS. 27,340/-

Annexure VIII TRUE COPY OF THE RELEVANT SCREENSHOT DATED 03.04.2025 FROM THE GOIBIBO APP

Annexure IX A TRUE COPY OF THE TRAVEL RESERVATION DATED NIL INDICATING DEPARTURE FROM MUMBAI TO ADDIS ABABA, ETHIOPIA ON 22.05.2025 AND FROM ADDIS ABABA TO LAGOS NIGERIA ON 23.05.2025