IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 Bail Appl.No. 3608 of 2008 ------------------------------- (CRIME No. 112/08 OF KOVALAM POLICE STATION) PETITIONERS: ACCUSED: ------------------------------ 1. GEORGE JOSEPH, "SAVITHAM" CHAVADIMALA, VENGANNOOR P.O., TRIVANDRUM. 2. LEELAMMA, RESIDING AT -DO- -DO- BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU RESPONDENTS: ------------------ 1. THE SUB INSPECTOR OF POLICE (CRIME) KOVALAM POLICE STATION,TRIVANDRUM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.3608 of 2008 ------------------------------------------- Dated this the 16th day of June, 2008 ORDER Petition for anticipatory bail. 2. Petitioners 1 and 2 are son and mother respectively and a crime is registered against them under Sections 7 and 14 of Foreigners Act, 1946 read with Rule 14 of the Registration of Foreigners Rules, 1992 on the allegation that the first petitioner, who is conducting a hotel at Kovalam, did not maintain the registers showing the stay of foreigners. The crime was detected when an inspection was conducted in the hotel in connection with the visit of a VVIP. 3. Learned counsel for the petitioners submitted that the petitioners were maintaining registers in accordance with law. But those registers were taken away by the Commercial Tax Department, for which receipt was also issued. The copy of the receipt is Annexure A2. Petitioners were therefore unable to produce the register immediately. It is also submitted that the first petitioner is a cancer patient and he is undergoing a treatment as evidenced by the certificate produced. BA NO.3608/08 2 4. Learned public prosecutor submitted that he has no objection in granting anticipatory bail by imposing stringent conditions. On hearing both sides, I am satisfied that anticipatory bail can be granted to the petitioners. Hence, the following directions are issued: (i). The petitioners shall surrender before the Investigating officer within ten days from today and make themselves available for interrogation and co-operate with investigation. (ii). In the event of the arrest of the petitioners, if any, they shall be released on bail forthwith, on their executing bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the arresting officer, on condition that they will co-operate with the investigation and report before the Investing officer as and when directed by them. K.HEMA, JUDGE csl