SALEEMKHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) 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 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.