EGADWA MERCY ADAMBA Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the accused Nos.1 and 2 in Crime No.44/2024 of the Panangad Police Station, Ernakulam, which is registered against them for allegedly committing the offences punishable under Ss. 14A, 14(a) and 14(b) of the Foreigners Act, 1946, and Sec. 12(1)(c)(d) of the Passports Act, 1967. The petitioners were arrested on 12/1/2024.

(2.) By order dtd. 27/3/2024, this Court enlarged the petitioners on interim bail, but directed them to be transferred to detention centre/ transit home, Kollam, since they do not have valid visas to stay in India. Subsequently, it was reported that the petitioners had challenged the FIR before this Court for charging the petitioners for committing the offences under Ss. 14A, 14(a) and 14(b) of the Foreigners Act and Ss. 12(1A), 12(1)(c) and 12(1)(d) of the Passports Act. By order dtd. 9/9/2024, in Crl.M.C.No.6618/2024, this Court quashed the FIR so far it charged the petitioners for committing the offences under Sec. 14A of the Foreigners Act and Sec. 12(1A) of the Passport Act. Consequent to the said order, the petitioners pleaded guilty before the Trial Court and they have been convicted and sentenced to undergo a sentence of simple imprisonment for a period of 2 (Two) months and Fine of Rs.1,000.00 each (Rupees One thousand only) for the offence punishable U/S. 14(a) of the Foreigners Act, 1946, a sentence of simple imprisonment for a period of 2 (Two) months and fine of Rs.1,000.00 each (Rupees One thousand only) for the offence punishable U/S. 12(1)(c) of Passports Act, 1967 and a sentence of simple imprisonment for a period of 2 (Two) months and Fine of Rs.1,000.00 each (Rupees One thousand only) for the offence punishable U/S. 12(1)(d) of Passports Act, 1967. In default of payment of fine of Rs.1,000.00(Rupees One thousand only) for the offence punishable U/S. 14(a) of the Foreigners Act, 1946, the petitioners were ordered to undergo further simple imprisonment for a period of 10 days. In default of payment of fine of Rs.1,000.00(Rupees One thousand only) for the offence punishable U/S.12(1)(c) of Passports Act, 1967, the petitioners were ordered to undergo simple imprisonment for a period of 10 days. In default of payment of fine of Rs.1,000.00(Rupees One thousand only) for the offence punishable U/S. 12(1)(d) of Passport Acts, 1967, the petitioners were ordered to undergo simple imprisonment for a period of 10 days. Petitioners were also ordered to be entitled to set off for a period commencing from 12/1/2024 to 5/4/2024.

(3.) Heard; Sri. Aneesh K.R., the learned counsel appearing for the petitioners, Smt. Seetha S., the learned Senior Public Prosecutor, Smt.A.Parvathi Menon, the learned Project Co-ordinator of the Victim Rights Centre, and Sri. Suvin.R.Menon, the learned counsel appearing for the Foreign Regional Registration Office (FRRO).