IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 Bail Appl..No. 1900 of 2010 CRIME NO.128 OF 2010 OF KOVALAM POLICE STATION, THIRUVANANTHAPURAM. PETITIONERS : ----------------------- 1. IAN KNOX S/O. PHILIP KNOX, AGED 54 YEARS NOW RESIDING AT GREEN SHORE APARTMENTS, LIGHT HOUSE ROAD, KOVALAM, THIRUVANANTHAPURAM. PERMANENT R/O. 42, LANGSTONE WALK, FAREHAM HANTS, PO 143 AB, UNITED KINGDOM. 2. M/S. LYNNE KNOX, W/O.IAN, AGED 53 YEARS, NOW RESIDING AT GREEN SHORE APARTMENTS, LIGHT HOUSE ROAD, KOVALAM, THIRUVANANTHAPURAM. PERMANENT R/O. 42, LANGSTONE WALK, FAREHAM HANTS, PO 14 3 AB, UK. BY ADV. SRI.S.RAJEEV RESPONDENT: --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 128/2010 OF KOVALAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT.) PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1900 OF 2010 ------------------------------------------------------ Dated this the 30th 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 petitioners are British nationals. It is stated that in 2003, the petitioners decided to float a company. Accordingly, a company was registered as evidenced by Annexure I. The object of formation of the company is stated to be promotion of tourism. The petitioners came to India on 21.10.2009. They are residing in Green Shore Apartments, situated in the property purchased by the petitioners as per Annexure II sale deed. Tourists used to stay in Green Shore Apartments. The petitioners state that all the legal requirements in respect of the same were being complied with by them. 2. While so, Crime No.128 of 2010 was registered by Kovalam Police alleging offence under Section 14(b) of the Foreigners Act. The Sub Inspector of Police, Kovalam Police Station got information that a Tourist Home was being run unauthorisedly by B.A. NO. 1900 OF 2010 :: 2 :: the petitioners and that tourists are being unauthorisedly accommodated in the Tourist Home. The Sub Inspector of Police made an inspection in Green Shore Apartments. The allegation made in the First Information Statement is that the conduct of Green Shore Apartments Private Limited was against the conditions of Visa granted to the petitioners. The learned counsel for the petitioners submitted that the petitioners have invested their earnings for the purpose of purchasing the property and that they are running the Tourist Home after complying with all the legal formalities. There was no occasion for any complaint that the petitioners were not complying with the legal formalities. Even in the present First Information Report, there is no case that the 'C' forms were not being submitted within time. 3. The learned counsel for the petitioners submitted that the Visa of the petitioners would expire on 12.4.2010 and before that date, they have to leave India. It is stated that if they stay in India thereafter, it will constitute an offence. The counsel submitted that the petitioners are prepared to comply with any condition and that they are even prepared to deposit the original of Annexure II sale deed before the Court of the Judicial Magistrate of the First Class III, B.A. NO. 1900 OF 2010 :: 3 :: Neyyattinkara. The learned Public Prosecutor submitted that if sufficient safeguard is taken, appropriate directions can be issued so that the petitioners need not be forced to commit another offence. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioners. 5. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioners shall produce the original of Annexure II sale deed dated 3.3.2008, by which the petitioners purchased an extent of 4.750 cents of land in Vizhinjam Village from one Karunan, in which property the petitioners state that they are running the Green Shore Apartments, before the Court of the Judicial Magistrate of the First Class III, Neyyattinkara, on or before 9.4.2010; b) The petitioners shall appear before the Deputy Commissioner of Police, Thiruvananthapuram City on their arrival to India on the next occasion; B.A. NO. 1900 OF 2010 :: 4 :: c) The petitioners shall report before the investigating officer as and when directed; d) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; f) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. The petitioners shall also produce a copy of this Bail Application with the annexures before the Court of the Judicial Magistrate of the First Class III, Neyyattinkara for verification of the original of Annexure II. (K.T.SANKARAN) Judge ahz/