IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 9TH SEPTEMBER 2010 / 18TH BHADRA 1932 WP(C).No. 27984 of 2010(W) -------------------------- PETITIONER(S): --------------- GAMARALALAGE MALANI MANGALIKA, D/O.HEENA AMMA, DEWAHUWA, SRILANKA, PRESENTLY STAYING AT COUNTRY CLUB RESORTS, KOVALAM, THIRUVANANTHAPURAM. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY. 3. SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM 4. SUB INSPECTOR OF POLICE, KOVALAM POLICE STATION, THIRUVANANTHAPURAM 5. REGISTRATION OFFICER, FOREIGNERS REGISTRATION OFFICE, THIRUVANANTHAPURAM 6. PASSPORT AND VISA AUTHORITY, MINISTRY OF EXTERNAL AND FOREIGN AFFAIRS, NEW DELHI. BY GOVT. PLEADER SRI. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.27984 OF 2010(W) -------------------------------------------------- Dated this the 9th day of September, 2010 J U D G M E N T Petitioner submits that she is a Srilankan Citizen holding passport and Visa valid up to 13.9.2010. According to the petitioner, she is arrayed as an accused in Crime No.355/2010 of Kovalam Police Station registered under the provisions of the Foreigners Act, 1946. According to the Petitioner the case is now pending before the Judicial First Class Magistrate Court, Neyyattinkara and by Ext.P4 order passed by the Sessions Court, Thiruvananthapuram in Crl.M.C.No.1048./2010 she has been enlarged on bail. Petitioner submits that the bail has been granted on various conditions and that in terms of which she required to stay back in India, pending the conclusion of the proceedings before the Trial Court. In the meanwhile, petitioner submits that as the Visa is expiring on 13.9.2010, respondents should be directed to permit the petitioner to stay in India. 2. I heard the learned Government Pleader and also the Assistant Solicitor General. The Assistant Solicitor General points out that the Officer competent is Superintendent of Police, WPC.No.27984 /2010 :2 : Immigration Wing, Thiruvananthapuram. 3. As at present the petitioner has not applied for extension of visa and at the same time, in terms of the conditions imposed by the Sessions Court in Ext.P4 she is required to stay back in India also. 4. In that view I direct that it will be open to the petitioner to make an application to the Superintendent of Police, Immigration Wing, Thiruvananthapuram within a week from today, in which event the said officer shall process the application and take necessary action for obtaining orders on the request of the petitioner for extending the visa. This should be done without any delay. 5. Subject to the aforesaid condition, it is directed that the petitioner will be permitted to stay in India. This shall however be on condition that the petitioner shall report the office of the 2nd respondent , on every Monday, between 10 and 11 a.m. It is made clear that if any of the aforesaid conditions are violated in any manner, it will be open to the authorities to take appropriate action against the petitioner. (ANTONY DOMINIC) JUDGE vi/ WPC.No.27984 /2010 :3 :