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Madras High CourtCRL OP(MD)/8037/2020dismissed

Stephenraj v. The Inspector Of Police

2020-07-31Honourable Mr Justice V. Bharathidasan2 pages

Crl.O.P.(MD)No.8037 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2020

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD)No.8037 of 2020 1.Stephenraj 2.Jesuraja 3.Reksan 4.Raveenthiran 5.Udhayakumar : Petitioners/Accused Nos.1 to 5 Vs.

The State through the Inspector of Police, Mandapam Marine Police Station, CSGCID, Ramanathapuram, Ramnad District. (In Crime No.5 of 2020) : Respondent/Complainant Prayer: Petition is filed under Section 482 of the Code of Criminal Procedure praying to modify the bail condition imposed by the learned Principal District and Sessions Judge, Ramnad, in Crl.M.P.No.1175 of 2020, dated 15.06.2020.

For Petitioners : Mr.R.Sundar For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.side) *****

ORDER

The present petition has been filed seeking to modify the condition imposed by the learned Principal District and Sessions Judge, Ramanathapuram, in Crl.M.P.No.1175 of 2020, dated 15.06.2020.

2. The petitioners are accused Nos.1 to 5 in Crime No.5 of 2020 on the file of the respondent police for the alleged offences punishable under Section 14(c) of Foreigners Act, 1946 and Rule 3(a) r/w 6(a) of Passport (Entry into India) Rules, 1950. Alleging that the petitioners were trying to enter into the Indian Territory without passport and other valid travel documents, they were arrested and crime has been registered. The petitioners have approached the learned Principal District and Sessions Judge, Ramanathapuram, seeking for bail and the Court below has granted bail with a condition, directing the petitioners to stay at Trichy Srilankan Special Camp, Trichy and sign before the Officer in-charge of the said Camp daily at 10.00 a.m., until further orders. Now, to modify the said condition, the present petition has been filed.

3. Admittedly, the petitioners entered into the Indian Territory without passport and valid travel documents and hence, they were arrested and crime has been registered for the offences as aforesaid. Under the Foreigners Act, 1946, the petitioners have to https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8037 of 2020 necessarily be kept in the Srilankan Special Camp and the learned Sessions Judge has rightly passed the order. I do not find any illegality in the order dated 15.06.2020 and there is no modification required in this case. Hence, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (CS II) // True Copy // / /2020 Sub Assistant Registrar(CS) Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. SML To 1.The Principal District and Sessions Judge, Ramnad.

2.The Inspector of Police, Mandapam Marine Police Station, CSGCID, Ramanathapuram, Ramnad District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.8037 of 2020 Dated: 31.07.2020 KK(07.08.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2