FELIX NDUBUISI EGEDIGUE Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioner who is the accused in Crime No. 840/2012 of Central Police Station, Ernakulam challenging the condition imposed by the Chief Judicial Magistrate Court, Ernakulam in Crl.M.P. No. 1904/2013 of that court under Section 482 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that petitioner is arrayed as 7th accused in Crime No. 840/2012 of Central Police Station, Ernakulam and while he was undergoing imprisonment in connection with another case in Calcutta jail, on production warrant, he was produced before the Chief Judicial Magistrate on 12.05.2012 and he was formally arrested for this case and remanded for this case as well and thereafter, he is in remand in connection with this case also. The allegation against him was that he along with other accused persons have committed the offence punishable under Sections 419, 420, 465, 468, 471 read with Section 34 of Indian Penal Code and Section 66(C) and (D) of Information Technology Act. He filed Crl.M.P. No. 1904/2013 for getting statutory bail under Section 167(2) of Code of Criminal Procedure read with Section 437 of Code of Criminal Procedure and the learned magistrate by Annexure A1 order granted bail with conditions inter alia that he shall get a surety at least one from India along with other conditions. The petitioner could not comply with the condition. Thereafter he filed another application before the court below to lift that condition and permit him to deposit a reasonable amount as security required under Section 445 of Code of Criminal Procedure. The learned magistrate, according to the petitioner, has dismissed that application as well. So, the petitioner has come before this court seeking the following relief:

(3.) THE Counsel for the petitioner submitted that he is a Nigerian national and the only allegation against him was that his IM number of the mobile phone and the mobile phone involved in the case are same and it was alleged to be that of the accused and on that ground he has been implicated. Except that allegation, he has no connection with the commission of the crime. Further, according to the Counsel for the petitioner, the court has got ample power under Section 445 of Code of Criminal Procedure in appropriate cases instead of insisting for surety allow the parties to provide cash security to the satisfaction of that court to grant bail. Further, he is a man from Nigeria. There is no possibility of getting a surety from India as well. So, on account of the condition imposed, he is not able to enjoy the bail order that has been granted to him.