Rabeya Khatun vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 04.06.2025 for the alleged offences under Sections 319(2), 318(2), 336(3) & 340(2) of BNS and Section 3(2)(c) & 14 of Foreigners Act, 1946 and Section 3(3) of Passport ( Entry into India) Act, 1920, in Crime No.244 of 2025 on the file of the respondent police, seeks bail.

The case of the prosecution is that, the petitioner herein is a permanent resident of Bangladesh, he had illegally entered into the country via Manipur and staying at Hosur without Passport, Visa and valid documents and also obtained Adhar card, PAN card and Voter ID by fabricating the documents. Hence, this case.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and he has been remanded to judicial custody on 04.06.2025 and that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

Learned Government Advocate (Criminal Side) appearing for the respondent police, per contra submitted that the petitioner belongs to Bangladesh; that he had illegally entered into our country without any valid documents and that the petitioner has no previous cases. He further submitted that the final report has been filed before the trial Court. However, he also referred to the judgment of the Hon'ble Supreme Court in Criminal Appeal Nos. 2814-2815 of 2024 dated 06.01.2025, and submitted that even in case of granting bail to a foreigner, the concerned Registration Officer appointed under Rule 3 of the Registration of Foreigners Rules, 1992 has to be informed, for taking further action.

The aforesaid judgment of the Hon'ble Apex Court reads as follows in paragraph nos.7 and 8 as follows:

All that can be done is that while releasing a foreigner on bail, the Court should direct the investigating agency or the State, as the case may be, to immediately inform the concerned Registration Officer appointed under Rule 3 of the Rules about the grant of bail so that the Registration Officer can bring the fact of the grant of bail to the notice of concerned Civil Authority.

In addition to what we held by judgment and order dated 08th July, 2024, we issue the following directions:

"(i) While granting bail to a foreigner within the meaning of the Act, the concerned court shall issue direction to the State or prosecuting agency, as the case may be, to immediately communicate the order granting bail to the concerned Registration officer appointed under Rule 3 of the Rules who, in turn, shall communicate the order to all concerned authorities including the Civil Authorities. If such information is furnished, it will enable the authorities under the Act, the Rules and the Order to take appropriate steps in accordance with the law; and

(ii) A copy of this order shall be forwarded to Registrar Generals of all the High Courts, who in turn will forward the copies of the order to all the criminal courts in the respective States."

Taking into consideration the totality of circumstances of the case and the fact that the petitioner is a foreigner and he has no bad antecedent and also the fact that the petitioner is in incarceration from 04.06.2025 and that further custodial interrogation of the petitioner does not appear to be necessary at this stage, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

Further, considering the aforesaid judgment of the Hon'ble Supreme Court, there shall be a direction to the respondent police to inform about the grant of bail to the petitioner herein to the concerned Registration Officer appointed under Rule 3 of the Registration of Foreigners Rules, 1992.

Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Erode, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the Judicial Magistrate No.I, Erode on all working day at 10.30.a.m., until further orders.;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.