IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 Bail Appl..No. 4231 of 2009 ----------------------------- (CRIME NO.15/2009 OF THE RAILWAY POLICE STATION, PALAKKAD) PETITIONER/ACCUSED: -------------------------- CHUKWU CHIDIEBERE FRANCIS, NO.9, 060, RO STREET, ANGVU STATE, NIGERIA BY ADV. SRI.JACOB SEBASTIAN RESPONDENT/COMPLAINANT: -------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE STATION HOUSE OFFICER, RAILWAY POLICE STATION, PALAKKAD. BY PUBLIC PROSECUTOR, SRI.TEK CHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 4231 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of August, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.15 of 2009 of the Railway Police Station, Palakkad. 2. The offences alleged against the petitioner are under Section 14 of the Foreigners Act, Section 3 of the Passport (Entry into India) Act and Section 137 of the Indian Railways Act. 3. The petitioner is a Nigerian citizen. He was found travelling in a train on 15.04.09, without any valid passport, visa or ticket. He was arrested. The application filed by him for bail was dismissed by the Chief Judicial Magistrate, Palakkad by order dated 09.07.2009. That order shows that the investigating officer contacted the Nigerian High Commission at New Delhi and a letter was received by the investigating officer by post from the said High Commission. It is stated in the order that the said letter does not contain the relevant details regarding the passport and visa. It is also noticed in the order that the accused has not so far produced the original passport or visa B.A. No.4231 OF 2009 -:2:- for verification. The accused continues to be in judicial custody. The original visa and passport were not made available to the investigating officer for verification. In these circumstances it cannot be said that the order refusing bail was unjustifiable. 4. The learned counsel for the petitioner submitted that the statutory period for filing the charge has elapsed and the petitioner is entitled to be released on bail invoking Section 167(2) of the Code of Criminal Procedure. Leaving open the right of the petitioner to move the appropriate court for the said purpose, this bail application is dismissed. 5. The learned counsel for the petitioner submitted that in an identical case, this Court had quashed the charge as per Annexure 3 order dated 26th May 2009 in Crl.M.C. No.1150 of 2009. It is submitted that in the present case, the petitioner is even incapacitated to move the High Court under Section 482 of Code of Criminal Procedure to quash the charge as the investigating officer has not filed the charge sheet. The submission is just and reasonable. The investigating officer shall file the charge sheet within a period of one month. This direction to file the charge sheet B.A. No.4231 OF 2009 -:3:- within one month will not preclude the petitioner from moving the court below under Section 167(2) of Code of Criminal Procedure or from moving the High Court under Section 482 of Code of Criminal Procedure to quash the FIR, though I am not expressing any opinion on the merits of such applications. K.T.SANKARAN, JUDGE ttb