JOSHUA Vs. STATE OF KERALA

JUDGEMENT

(1.) Petition filed under Section 439 CrPC. Petitioners, who are Nigerian citizens, have been undergoing detention in judicial custody for the period from 01/09/2014 onwards in connection with the investigation in Crime No. 1830/2014 of the Adoor Police Station, Pathanamthitta.

(2.) It is alleged that by offering various jobs through Internet they have amassed crores of rupees from various job seekers from India by exercising fraud and cheating. It is specifically alleged that in similar manner, an amount of Rs. 21,19,130/- has been taken away from the son of the de facto complainant through internet. Presently, the matter is pending investigation for the offences punishable under Sections 120(B) and 420 read with Section 34 of the Indian Penal Code, Section 66(D) of the Information Technology Act, 2000, Section 14(a) and (b) of the Foreigners Act, 1946 and Section 3(2)(a)(3) of the Passport Act, 1920.

(3.) Still the investigation is not complete. As the investigation is not over, final report has also not been filed. Now, the question arises is whether in such circumstances they are entitled to statutory bail under Section 167(2) of the CrPC.