This is an application for bail filed by the petitioner who is the third accused in Crime No.400/14 of Vadakkekara Police Station of Ernakulam District under Section 439 of the Code of Criminal Procedure.
2. The case of the prosecution in nutshell was that from February 2014 onwards accused Nos.1 and 2 who are Bengladeshi nationals and who are not having any valid documents to reside in India were engaged for employment by the petitioner along with the 4th accused who is a tenant of the building without informing the same to the police authorities as per law and thereby all of them have committed the offence punishable under Section 3 read with Section 14 of the Foreigner's Act, 1946, Section 3(1) (a), 10(i) and 10(ii) of the Foreigner's Order 1942 read with Section 34 of Indian Penal Code.
3. The counsel for the petitioner submitted that the petitioner has not committed any offence and he is innocent of the same and he has been falsely implicated in the case., He did not know the nationality of the accused Nos.1 and 2 and he gave only employment to them and he had not committed any offence. He was arrested on 01.04.2014 and he is in jail from that day onwarads.
4. The application was opposed by the Public Prosecutor on the ground that the investigation is not over. Further, the Public Prosecutor has submitted that the petitioner is a permanent resident at New Delhi and the address mentioned in the ID card of the petitioner when compared was found to be not correct. So, he is likely to abscond if bail is granted to him.
5. Heard both sides and perused the records.
6. It is seen from the records that when the Vadakkekara Police inspected the shop of the petitioner, it was revealed that accused Nos.1 and 2 who are Bengladeshi nationals were residing there without any valid documents and they were permitted to reside there by the petitioner and tenant of the building who is the 4th accused herein without informing the same to the police authorities and other authorities under the relevant Acts and so they arrested accused Nos.1 to 3 from the spot and the above crime was registered. Petitioner is in jail from 01.04.2014 onwards. It is in away admitted that petitioner is residing in Kerala for the last 6 years and he is having properties here as well. According to the Counsel for the petitioner, his children are studying in North Parur and he is prepared to produce sureties from Kerala also. So, considering the circumstances, the custody of the petitioner is not required any more in connection with the investigation. There is no further investigation is required as regards the petitioner is concerned regarding the commission of the crime.
7. Considering the circumstances and also the period of pre-trial detention of the petitioner in jail, this court feels that bail can be granted to the petitioner with some stringent conditions. So, the application is allowed with the following conditions.
1) The petitioner shall be released on bail on executing a bond for Rs.25,000/- with two solvent sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate Court, No-I, North Parur and the sureties must be from the place within the jurisdiction of the concerned magistrate court.
2) The petitioner shall appear before the investigating officer on the last Saturday of every month between 9 a.m and 10 a.m till the final report is filed.
3) The petitioner shall appear before the investigating officer for the purpose of interrogation as and when required in writing to do so till the final report is filed.
4) The petitioner shall surrender his passport if any before the Judicial First Class Magistrate Court, No-I, North Parur within one week from the date of his release and if he is not having any passport, then, he shall file an affidavit before that court within that time to that effect.
5) The petitioner shall not intimidate or influence the witnesses.
6) The petitioner shall not involve in any other crime of similar nature during bail period.
7) The petitioner shall not leave State of Kerala without getting prior permission from the Judicial First Class Magistrate Court, No-I, North Parur till the disposal of the case.
With the above conditions, the application is allowed.
Sd/-
K. RAMAKRISHNAN, JUDGE.
Bb [True copy] P.A to Judge