IN CMP/ v. IN CMP/STATE

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031. THE STATION HOUSE OFFICER, KORATTY KORATTY POLICE STATION, KORATTY POST, THRISSUR DISTRICT, PIN – 680 308. SRI. M.C. ASHI (PP) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

05.01.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC 10750/2023 2 BECHU KURIAN THOMAS, J ......…............................................. Crl.M.C.No.10750 of 2023 …................................................ Dated this the 5th day of January, 2024 ORDER A crime has been registered against the petitioner under Section 14A(b) of the Foreigners Act, 1946 alleging that he is a native of Bangladesh, and found residing at Koratty without having any authorized documents permitting him to reside in India. Petitioner was arrested on 25.06.2023 and was granted bail on 09.10.2023. While granting bail, the learned Magistrate imposed eight conditions. Though petitioner sought modification of the conditions, the learned Magistrate dismissed the request by order dated 13.11.2023.

2. Petitioner challenges condition Nos.2, 3, and 4 in the order granting bail. The said conditions are extracted below:- (2) The political agent or Diplomatic agent of the country to which the petitioner belong shall execute a bond to the satisfaction of this Court for an amount of Rs.1,00,000/- (3) The petitioner shall remain in Thrissur District till CRL.MC 10750/2023 3 the disposal of the case against him and they shall be under the supervision of Civil Authority within the meaning of S.1.1 of the Foreigners Order 1948. (4) The Civil Authority shall specify his place of residence, restrict his movements and his association with any person or class of persons other than those specified by the Civil Authority.

3. Sri.Ahamed Fazil.C., learned counsel contends that petitioner was born in India and is the holder of Indian Passport No.L3652276, apart from a driving licence, Aadhar Card, and even a ration card. It is also contended that petitioner had married an Indian citizen, and therefore, imposing a condition to execute a bond by the diplomatic agent of the country to which the petitioner belongs and also to be under the supervision of the civil authority within the meaning of the Foreigners Act and imposing restrictions on the movements within India are onerous and contrary to law.

4. The learned Public Prosecutor, on the other hand, contended that during the investigation, it had been revealed that the place of birth of the petitioner was in Bangladesh, and therefore, he cannot be treated as an Indian citizen. It was further submitted that the learned Magistrate, being satisfied CRL.MC 10750/2023 4 with the citizenship of the petitioner imposed condition Nos. 2, 3 and 4, and therefore, no interference is called for.

5. Admittedly, petitioner possesses an Indian Passport and a driving licence apart from the Aadhar card issued by the Government of India. All the above documents remain valid even now. Possession of a passport is a prima facie indication of the citizenship of a person. If the investigating officer assumes that the petitioner belongs to a different country, that is, of course, a matter for investigation. However, since the petitioner possesses three legal documents including an Indian passport, it is a clear indication that he is a citizen of India. Therefore, imposing conditions in the nature of those imposed under the Foreigners Act while granting bail to the petitioner is too onerous. Hence, conditions No.2, 3 and 4 in the order dated 09.10.2023 in Crl.M.P.No.5501/2023 on the files of the Judicial First Class Magistrate Court, Chalakkudy are contrary to law. The failure of the learned Magistrate to modify the said conditions in the order dated 13.11.2023 is also incorrect.

6. In the above view of the matter, I set aside conditions 2, 3 CRL.MC 10750/2023 5 and 4 in Crl.M.P.No.5501/2023 on the files of the Judicial First Class Magistrate Court, Chalakkudy (arising out of Crime No.657 of 2023 of Koratty Police Station). The said conditions shall stand deleted from the bail order. The Crl.M.C.is allowed as above. sd/- BECHU KURIAN THOMAS JUDGE AMV/05/01/2024 CRL.MC 10750/2023 6 APPENDIX OF CRL.MC 10750/2023 PETITIONER ANNEXURES ANNEXURE A1 ANNEXURE A2 ANNEXURE A3 ANNEXURE A4 ANNEXURE A5 ANNEXURE A6 ANNEXURE A7 ANNEXURE A8 ANNEXURE A9 ANNEXURE A10 ANNEXURE A11 TRUE COPY OF THE RELEVANT EXTRACTS OF PASSPORT OF PETITIONER HAVING NO. L3652276 ISSUED ON 28.08.2013 FROM PASSPORT OFFICE, MALAPPURAM TRUE COPY OF THE AADHAR CARD OF PETITIONER HAVING NO.944626082333 DATED NIL ISSUED BY THE UNIQUE IDENTIFICATION AUTHORITY OF INDIA TRUE COPY OF THE TRANSFER CERTIFICATE DATED 06.05.2003 ISSUED FROM JR. MADRASSA, DHUMKKAL, MURSHIDABAD TRUE COPY OF THE RATION CARD ISSUED TO WIFE OF PETITIONER SMT. KHAIRUNNISA DATED 11.05.2021 FROM TALUK SUPPLY OFFICE, PERINTHALMANNA TRUE COPY OF THE DRIVING LICENSE OF PETITIONER HAVING NO. 53/2519/2014 DATED 24.04.2014 ISSUED BY SUB RTO, PERINTHALMANNA TRUE COPY OF THE FIRST INFORMATION DATED 25.06.2023 IN CRIME NO. 657 OF 2023 OF KORATTY POLICE STATION TRUE COPY OF THE BAIL OBJECTION REPORT SUBMITTED BY THE SUB INSPECTOR OF POLICE, KORATTY POLICE STATION DATED 05.07.2023 IN CONNECTION WITH CRIME NO. 657 OF 2023 OF KORATTY POLICE STATION TRUE COPY OF THE APPLICATION FOR STATUTORY BAIL DATED 07.10.2023 IN CRL.M.P. NO. 5501 OF 2023 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHALAKKUDY CERTIFIED COPY OF THE ORDER DATED 09.10.2023, IN CRL.M.P. NO. 5501 OF 2023 PASSED BY JUDICIAL FIRST CLASS MAGISTRATE COURT, CHALAKKUDY TRUE COPY OF THE APPLICATION DATED 13.10.2023 IN CRL.M.P. NO. 5670 OF 2023 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHALAKKUDY CERTIFIED COPY OF ORDER DATED 13.11.2023 IN CRL.M.P. NO. 5670 OF 2023 PASSED BY JUDICIAL FIRST CLASS MAGISTRATE COURT, CHALAKKUDY TRUE COPY