BAIL APPLICATIONS IN THE HIGH COURT OF KERALA AT ERNAKULAM (BA Nos. 7913, 7981, 8006, 8059, 8203, 8239, 8606, 8754 & 8763 of 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)®GNTQ@ 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 cch@IAmlENI : 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 n@I.FADED 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 CAl@, KUZHAI. RAVAI.RAEN , TAMIIi NADU-, PIN -632513 **==> picture [168 x 10] intentionally omitted <==** **----- Start of picture text -----**<br> RATHIVARNAN,AeED 35 yEARs<br>**----- End of picture text -----**<br> **==> picture [353 x 140] intentionally omitted <==** **----- Start of picture text -----**<br> s/o sAmDEVEN, THIRI]VARAmIAI , SRI I.ANRA Now<br>REslDING AT H/36 VAIAVANImN KOTTAI ,<br>THIRucHIRAPALLI, Trml, NADu-62ool5. , plN - 62ool5<br>NAIVAGEETHAN AGED 24 YEARS , S/0 RIIVICHANDREN<br>RAREURIJRANDI , THIRUVARAMAIAI , SRIIANKA, NOW RESIDING<br>AT REFUGEE cAMp , RAVAI.RARAI , CHENRAI , mMIL Nanu. ,<br>PIN - 632513<br>PRARASHRAJ ,AGED 22 YEARS , S/0 THYAGARAdEN,<br>REFuerE cAi@,I]ooR No 37 ,GENcalKoroA, TIRUREljvEI,I,<br>TABfll. NADU. , PIN - 627352<br>**----- End of picture text -----**<br> QUEENs RAT AGED 22 ¥EARs s/o imRI¥ARA;¥AKOM, SRI IiENRAN REFUGEE CAB@ ,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 **==> picture [320 x 69] intentionally omitted <==** **----- Start of picture text -----**<br> dATHURsoN AGED 21 ¥EARs , s/o GINzmvEI., sRIInNRAN<br>REFUGEE cAMp I]ousE No 1-H29 ,NmR INDIAN oll,<br>CORPORATION , VAIAAVZINTHAN KOTTAI<br>TIRucHIRAPALI,I,Trml. NADu-620015, plN - 620015<br>PRASAD AGED 24 ¥EARs s/o ]mHENI>RIIN ,UNIT 3F-<br>**----- End of picture text -----**<br> **==> picture [375 x 55] intentionally omitted <==** **----- Start of picture text -----**<br> 04 , SRIIANKAN REFUGEE cAb@, VAIAVANTmN KOTmz<br>TIRucHIRAPALI.I, miffl. NADu-62ool5, plN - 62ool5<br>9 SARAVANAN AGEI) 24 YEARS , S/0<br>RAdAN , PANKULAM, THIRuvoomenl.I sRII[ANKA Now REslDING<br>**----- End of picture text -----**<br> 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 imDU620015, 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 D@IiEADED 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/TUD@GNT®® 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 Cch@IAINANT : 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®GNTQ@ 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. ## B.A.Nos.7913, 7981, 8006, 8059, 8203, 8239, 8606, 8754 & 8763 of 2022 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 21 ## 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 22 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 23 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 24 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 25 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 2 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 3 ## 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 4 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 5 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 6 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 7 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 8 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 9 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 10 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 11 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 12 ## 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