MD KAMEUAL ISLAM Vs. STATE

JUDGEMENT

(1.) The petitioners are foreign nationals. They entered India on tourist visas. The respondent police arrested them on the ground that they had engaged in religious activities in breach of the visa conditions. They had also defied the lock down regulations promulgated by the Government in the wake of Covid-19 pandemic. Though the petitioners were fully aware that the Government had ordered closure of all places of worship, they stayed in groups in various mosques without observing the social distancing rules. Hence, the jurisdictional police registered FIRs against the petitioners herein alleging that they had committed offences under Sections 13 and 14 of the Foreigners Act, 1946, Sections 188 , 269 , 270 , 271 and 278 of IPC, Section 3 of Epidemic Diseases Act 1897, Section 58(4) , 134 , 135 of the Tamil nadu Public Health Act , 1939 and Section 51(b) of the Disaster Management Act, 2005. The petitioners were arrested and remanded to judicial custody. While most of the petitioners are lodged in Central Prison, Puzhal, some of them are in Sub Jail, Saidapet. They now seek bail. Submissions made on behalf of the petitioners :

(2.) The learned Senior Counsel appearing for the petitioners submitted that the petitioners are entitled to compulsive bail as the final reports have not been filed within the statutory period. He wanted me to take note of the facts and circumstances of the case in its entirety and render substantial justice by issuing appropriate directions.

(3.) The learned State Public Prosecutor submitted that as on date the case against the petitioners is pending at the FIR stage and that the investigation is still going on. He drew the attention of this Court to the orders passed by the Government designating the transit yard of the Central Prison, Puzhal, Chennai as Special Camp to lodge the foreign nationals who have violated the visa conditions and committed the offences in question. Therefore, the petitioners on being granted bail will have to be shifted to the said special camp. They will have to necessarily stay there till the criminal prosecution is over or their deportation, whichever is earlier.