IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 Bail Appl..No. 7337 of 2009() --------------------------------------- CRMP.2498/2009 of DISTRICT COURT, KALPETTA CRIME NO.526/2009 OF MANANTHAVADY POLICE STATION, WAYANAD .................... APPLICANT(S): ACCUSED -------------------- SHANTY, AGED 42 YEARS, W/O. M.U. JOSE, SARANG HOME STAY, MODAMATTATHIL HOUSE, PAYYAMPALLY, MANANTHAVADY, VAYANAD DISTRICT. BY ADVS.MR.P.VIJAYA BHANU MR.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT ------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, MANANTHAVADY POLICE STATION. PUBLIC PROSECUTOR MR.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T. SANKARAN, J. --------------------------- B.A. No. 7337 of 2009 ------------------------------------ Dated this the 11th day of February, 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. 526/2009 of Mananthavady Police Station, Wayanad District. 2. The offences alleged against the petitioner are under Section 7 read with Section 14 of the Foreigners Act, 1946 and Rule 14(6) of the Registration of Foreigners Rules, 1992. 3. The prosecution case is that the petitioner who is a proprietor of home stay did not intimate the police within 24 hours of the arrival of two foreigners at the home stay and thereby she has violated the aforesaid provisions of law. 4. The learned counsel for the petitioner relied on (2009 (3) K.L.T 684) Viju Kumar Vs. State of Kerala and contended that even if the allegations levelled against the petitioner are found to be true, no offence under the Foreigners Act would lie against the petitioner. 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. B.A. No. 7337 of 2009 2 6. 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 petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release her on bail on her executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall appear before the investigating officer for interrogation as and when required; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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. K.T. SANKARAN, JUDGE ln