IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 Bail Appl..No. 7933 of 2011() ----------------------------- CMP.3262/2011 of ADDL.C.J.M.,TRIVANDRUM CRIME NO.992/2011 OF MEDICAL COLLEGE POLICE STATION THIRUVANANTHAPURAM DISTRICT .................... PETITIONERS/ACCUSED 2 & 3 : ---------------------------- 1. MUHAMMED FASEESH, S/O.HUSSAIN, RAHA-5, FEDU, HORIDA HOUSE, MALDIVES, NOW STAYING AT SUJA BHAVAN, NLRA-242, T.C.4/246(A), NEERAZHI LANE ULLOOR, CHERUVAKKAL. 2. ABDULLA IBRAHIM @ IBRAHIM ABDULLA, S/O. ABDULLAH ABDUL, HUSSAIN RAHMAN, MA NIGHT VILLA, MALDIVES, NOW STAYING AT SUJA BHAVAN, NLRA-242, T.C.4/246(A), NEERAZHI LANE, ULLOOR, CHERUVAIKKAL. BY ADV. SRI.G.SUDHEER RESPONDENT: --------------- STTE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7933 of 2011 ---------------------------------------------- Dated this the 25th day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.2 and 3 in Crime No.992 of 2011 of Medical College Police Station, Thiruvananthapuram District. 2. The offences alleged against the petitioners are under Sections 7 and 14 of the Foreigners Act, 14(a) of the Foreigners Amendment Act and Section 3 read with 12(a) of the Passport Act. 3. It is alleged that the petitioners, who are citizens of Maldives, unauthorisedly stayed in India without sufficient documents. They were arrested on 30/08/2011 and they were remanded to judicial custody. 4. The learned Public Prosecutor submitted that after completing the investigation, final report was filed before the court of the Additional Chief Judicial Magistrate, Thiruvananthapuram on 20/10/2011 and the case was taken on file as C.C.No.657 of 2011. The petitioners are citizens of Bail Appln.No.7933/2011 : 2 : Maldives. If bail is granted to them, it would not be possible to procure their presence before court, in which case it would not be possible for the court to try and dispose of the case. In these circumstances, I am not inclined to grant bail to the petitioners. In the facts and circumstances of the case, there will be a direction to the learned Additional Chief Judicial Magistrate, Thiruvananthapuram to expedite the trial of the case, taking into account the fact that the petitioners are under trial prisoners and that they are not citizens of India. The Bail Application is dismissed with the above observation. K.T.SANKARAN, JUDGE skj