IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 Bail Appl..No. 1630 of 2010() ----------------------------- (CRIME No.128/2009 OF THIRUNELLY POLICE STATION) PETITIONER/ACCUSED -------------------------------------- AUGUSTINE J.CORREYA, S/O.JOHN V.CORREYA MANAGER, PEPPER GREE RESORTS PVT.LTD., PLAVELICHAM, BAVALI P.O., KARTIKULAM, WAYANAD. BY ADV. SRI.JIJO PAUL RESPONDENT: STATE -------------------- THE STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, THIRUNELLY THROUGH - THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J ---------------------- B.A.No.1630 OF 2010 ----------------------------------- Dated this the 24th day of May, 2010 O R D E R This is a petition for anticipatory bail. 2. The alleged offences are under sections 7 and 14 of Foreigners Act. According to prosecution, petitioner had failed to inform Superintendent of Police about arrival of foreigner within 24 hours of check in. Petitioner is the Manager of a resort where the foreigner is stayed and he is expected to inform Superintendent of Police. 3. Learned counsel for petitioner submitted that petitioner had sent the information by post and also informed the Sub Inspector of police in writing as evidenced by annexure-E. Sub Inspector has also signed with seal in annexure-E. 4. Learned public prosecutor submitted that petitioner is expected to inform the Superintendent of police and not B.A. No.1630/10 2 Sub Inspector, within 24 hours. Therefore crime was registered. 5. On hearing both sides, I find that anticipatory bail can be granted to petitioner on condition. Hence the following order is passed: Petitioner shall be released on bail on his executing a bond for Rs. 25,000/- with two solvent securities each for the like amount to the satisfaction of the learned Magistrate, on the following conditions : i) Petitioner shall report before the investigating officer on every Monday and Thursday between 10 AM and 1 PM . ii) Petitioner shall not commit any similar offence and in case he is involved in similar offence, the bail is liable to be cancelled. Petition is allowed. K. HEMA, JUDGE. Sou.