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Judgment
Dr. Kauser Edappagath, J
This application is filed u/s 439 of the Code of Criminal Procedure seeking regular bail.
The applicant is the sole accused in Crime No.75/2023 of Devikulam Police Station. The offence alleged is punishable under Section 14(a) (b) of the Foreigners Act, 1946.
The applicant is a Srilankan citizen. The prosecution case, in short, is that the applicant came to India on 19.01.2022 and stayed here even after the expiry of her visa period and thereby committed the above said offence.
I have heard Sri.N.K.Shyju, the learned counsel for the applicant and Sri.P.Narayanan, the learned Senior Public Prosecutor. Perused the case diary.
The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, she is entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and she is not entitled to bail at this stage.
The learned Senior Public Prosecutor submitted that the investigation is over and final report has already been filed. The Judicial First Class Magistrate Court, Devikulam has taken cognizance of the offence as C.C.No.159/2023. The only allegation against the applicant is that she came to India on 19.01.2022 and stayed here even after the expiry of her visa period. The applicant was remanded to judicial custody on 04.02.2023. Considering the entire facts and circumstances of the case, I am of the view that the applicant can be released on bail. However, she being a foreign citizen shall not be permitted to go outside India. The learned Prosecutor submitted that she can be directed to be accommodated in a transit home.
In the result, the application is allowed on the following conditions: -
(i) The applicant shall be released on bail on executing a self bond for Rs.1,00,000/- (Rupees One lakh only).
(ii) The State Police Chief as well as the Secretary, Social Justice Department are directed to accommodate the applicant in a transit home till the disposal of the case.
(iii) The Judicial First Class Magistrate Court, Devikulam is directed to dispose of the case out of turn as expeditiously as possible, considering the fact that the applicant is a foreign citizen.
(iv) The Registry is directed to forward a copy of this order to the State Police Chief as well as the Secretary, Social Justice Department.