IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 Bail Appl..No. 664 of 2010() -------------------------------- CRIME NO. 40/2010 0F KOVALAM POLICE STATION .................... PETITIONER/ACCUSED : --------------------------- ANGEELAM POWER, AGED 58 YEARS, NAALNGOLI TOURIST HOME LTD., VP 1/112, VARUVILA VEEDU, SAMUDRA BEACH, NEDUMAM VILLAGE, KOVALAM, THIRUVANANTHAPURAM. BY ADV. SRI.THIRUMALA P.K.MANI RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 664 of 2010 ------------------------------------ Dated this the 3rd day of March, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.40/2010 of Kovalam Police Station. 2. The offences alleged against the petitioner are under Sections 7 and 14 of the Foreigners Act and Rule 14 of the Registration of the Foreigners Rules. 3. The prosecution case is that the petitioner is a foreign national, who allowed other foreign nationals to stay in Naalangoli Tourist Home Private Limited, Kovalam without giving the necessary information to the police officer concerned. 4. Section 7 of the Foreigners Act reads as follows: “Obligation of hotel keepers and others to furnish particulars: It shall be the duty of the keeper of any premises whether furnished or unfurnished where lodging or sleeping accommodation is provided for reward, to submit to such person and in such manner such information in respect B.A. No. 664 / 2010 2 of foreigners accommodated in such premises, as may be prescribed. (2) Every person accommodated in any such premises shall furnish to the keeper thereof a statement containing such particulars as may be required by the keeper for the purpose of furnishing the information referred to in sub-section(1). (3) The keeper of every such premises shall maintain a record of the information furnished by him under sub-section(1) and of the information obtained by him under sub- section (2) and such record shall be maintained in such manner and preserved for such period as may be prescribed, and shall at all times be open to inspection by any police officer or by a person authorised in this behalf by the District Magistrate. (4) If in any area prescribed in this behalf the prescribed authority by notice published in such manner as may in the opinion of the authority be best adapted for informing the persons concerned so directs, it shall be the duty of every person occupying or having under his control any residential premises to submit to such person and in such manner such B.A. No. 664 / 2010 3 information in respect of foreigners accommodated in such premises as may be specified; and the provisions of sub-section (2) shall apply to every person accommodated in any such premises. 7A. Power to control places frequented by foreigners: (1) The prescribed authority may, subject to such conditions as may be prescribed, direct the owner or person having control of any premises used as a restaurant or as a place of public resort or entertainment or as a club and frequented by foreigners- a) to close such premises either entirely or during specified periods, or b) to use or permit the use of such premises only under such conditions as may be specified, or c) to refuse admission to such premises either to all foreigners or to any specified foreigner or class of foreigners. (2). A persons to whom any direction has been given under sub-section (1) shall not, while such direction remain in force, use or permit to be used any other premises for any of the aforesaid purposes, except with the B.A. No. 664 / 2010 4 previous permission in writing of the prescribed authority and in accordance with any conditions which that authority may think fit to impose. (3). Any person to whom any direction has been given under sub-section(1) and who is aggrieved thereby may, within thirty days from the date of such direction, appeal to the Central Government; and the decision of the Central Government in the matter shall be final.” 5. Section 14 of the Foreigners Act provides that if any person contravenes the provisions of this Act or of any order made thereunder, or any direction given in pursuance of this Act or such order, he shall be punished with imprisonment for a term which may extend to five years and shall also be liable to fine. 6. When the Bail Application came up for hearing on 02.02.2010, the learned counsel for the petitioner insisted for an interim order. After hearing the learned counsel for the petitioner and the learned Public Prosecutor the following order was passed on 02.02.2010. “The learned Public Prosecutor submitted that the petitioner will not be arrested for a period of ten days,on condition that the petitioner shall surrender her B.A. No. 664 / 2010 5 passport and travel documents before the commissioner of Police, Thiruvananthapuram City, on or before 03.02.2010. Post after a week” 7. The condition in the order dated 02.02.2010 is that the petitioner shall surrender her passport and travel documents before the Commissioner of Police, Thiruvananthapuram City, on or before 03.02.2010. 8. The learned Public Prosecutor submitted that the petitioner has not complied with the direction. No explanation is offered by the petitioner for not complying with the direction in the order dated 02.02.2010. The petitioner is represented by another counsel now. 9. The offences alleged against the petitioner are grave in nature. I am of the view that the petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. Custodial interrogation of the petitioner may be required in the present case. Accommodating foreigners in a tourist home without complying with the mandatory requirements of the Foreigners Act is very serious. The provisions of the Foreigners Act in this regard are intended to achieve certain B.A. No. 664 / 2010 6 objects. It is aimed at getting the necessary correct information regarding the movement of foreign nationals in the country. I do not think that in a case of this nature, the accused is entitled to anticipatory bail. Moreover, in spite of the specific order passed on 02.02.2010, the petitioner has not complied with the direction and no explanation is offered by the petitioner for not complying with the direction in the order dated 02.02.2010. 10. For the aforesaid reasons, I am of the view that the petitioner is not entitled to any discretionary relief under Section 438 of the Code of Criminal Procedure. Accordingly, the Bail Application is dismissed. K.T. SANKARAN, JUDGE ln