AVI BARUA Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are citizens of Bangladesh against whom crimes have been registered by the Nedumbassery Police for offences punishable under Sections 127(1)(b) and 12(1A) of the Passports Act, 1967 and Section 419 of the Indian Penal Code.

(2.) The allegation is that the petitioners had, with the assistance of an Indian citizen, secured fake Aadhar Cards, Election I.Ds etc., and had obtained Indian passports, by impersonation. The petitioners travelled to Dubai on the strength of the fake passports and were apprehended by the Emigration Officials at Dubai and deported to India. They were arrested on their arrival at Nedumbassery Airport and remanded to Judicial Custody on 14.12.2018. Even though, bail was granted to the petitioners on 14.02.2019 by the jurisdictional Magistrate Court, the petitioners could not comply with the stringent conditions imposed in the order and the petitioners' incarceration is continuing.

(3.) The petitioners had earlier approached this Court seeking a direction to complete investigation and submit final report in the crimes registered against them, expeditiously. By Annexure A2, this Court disposed of the Crl. M.Cs taking note of the submission made by the investigating officer that the investigation is more or less complete and the final report would be filed on obtaining sanction for prosecution under Section 15 of the Passports Act. The investigating officer had sought one years time to submit the report. While disposing of the Crl. M.Cs, this Court had called upon the investigating officer to expedite the proceedings and to endeavour to obtain the sanction order in an expeditious manner, considering that the petitioners are citizens of Bangladesh.