A.EMMANUEL MONDAY Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 13/12/2022 for the offence punishable under Ss. 14 and 17 (1) of the Foreigners Act, in Crime No.1535 of 2022, pending trial in C.C.No.119 of 2023, on the file of the Judicial Magistrate No.I, Tiruppur, seeks bail.

(2.) The case of the prosecution is that the petitioner who is a Nigerian national had come to India and over stayed in Tiruppur without proper Visa, thereby committed offence. Hence the case.

(3.) The learned counsel for the petitioner would submit that the petitioner is a Textile Merchant in Nigeria and he came to Tiruppur for purchase of clothes and readymade dresses. Due to Covid-19 pandemic, he was unable to return back to his country. He would also submit that the petitioner is in custody from 13/12/2022 and he is suffering incarceration for more than seven months. He would further submit that investigation in this case has been completed and the case has also been taken up for trial in C.C.No.119 of 2023 pending on the file of the Judicial Magistrate Court No.I, Tiruppur. He would also submit that the petitioner has no other criminal case pending against him and he has to come out of the jail and engage a counsel to conduct his case, thereby, he prayed for grant of bail to the petitioner.