Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE P.D.RAJAN THURSDAY, THE3D DAY OF OCTOBER201311TH ASWINA, 1935 WP(Crl.).No. 282 of 2013 (S) ----------------------------- PETITIONER(S): -------------------------- 1. JOHNSON NWANONYI ULONSO, S/O.NWANONYI, 15, ILLHIALA, ANAMBARA STATE, NIGERIA LOGOS.
2. MICHAEL OBIORATH MUOZOBA, S/O.MUOZOBA, AHALLA, ANAMBARA STATE, NIGERIA LOGOS, (PETITIONERS ARE PRESENTLY CUSTODY OF CENTRAL PRISON, TRIVANDRUM). BY ADVS.SMT.SANDHYA RAJU SMT.MARY RESHMA GEORGE RESPONDENT(S): ---------------------------- 1. HOME SECRETARY,UNION HOME MINISTRY, NORTH BLOCK CENTRAL SECRETARIAT, NEW DELHI - 110 001.
2. STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
3. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM,PIN - 695 010.
4. INSPECTOR GENERAL OF PRISON, PRISON HEAD QUARTERS, POOJAPPURA, THIRUVANANTHAPURAM,PIN - 695 012.
5. SUPERINTENDENT, CENTRAL PRISON, POOJAPPURA, THIRUVANANTHAPURAM,PIN - 695 012.
6. S.I. OF POLICE, KARIPUR POLICE STATION. sts 2/- -2- WP(Crl.).No. 282 of 2013 (S) *ADDL.R7 TO R9 IMPLEADED *R7: THE FOREIGNER'S REGIONAL REGISTRATION OFFICER, CALICUT INTERNATIONAL AIRPORT, MALAPPURAM DISTRICT. *R8: THE SECRETARY, GOVERNMENT OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. *R9: DR. C.C.THOMAS, ADWAITH NIVAS, CHEVAYOOR, PULIKKAL, MALAPPURAM DISTRICT. *ARE SUO-MOTU IMPLEADED AS PER ORDER
DATED117/2013 IN WP(CRL)NO.282/13 R1,R7 & R8 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA R2 TO R6 BY ADDL.DIRECTOR GENERAL OF PROSECUTION SRI.TOM JOSE PADINJAREKARA R9 BY ADV. SRI.BABU S. NAIR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON0310-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(Crl.).No. 282 of 2013 (S) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1. A COPY OF THE JUDGMENT
IN CRL.APPEAL NO.245/2011 OF SESSIONS JUDGE, MANJERI DATED231/2012 WITH TYPED COPY OF EXHIBIT P1. RESPONDENT(S)' EXHIBITS AND ANNEXURES: -------------------------------------------------------------------- ANNEX R7(A) TRUE COPY OF THE LETTER DATED3008/2013 ANNEX R7(B) TRUE COPY OF THE LETTER DATED3108/2013 ANNEX R7(C) TRUE COPY OF THE JUDGMENT
PASSED BY THE CHIEF JUDICIAL MAGISTRATE COURT, MANJERI DATED0702/2013 IN C.C.NO.21/2013 ANNEX R7(D) TRUE COPY OF THE ORDER
DATED0209/2013 /TRUE COPY/ P.A.TO.JUDGE sts ANTONY DOMINIC & P.D. RAJAN, JJ.
------------------------------------------- W.P.(Crl)No.282 of 2013 ---------------------------------------------- Dated this the 3rd day of October, 2013 JUDGMENT
ANTONY DOMINIC,J.
The petitioners are Nigerian citizens. They were accused in C.C.No.145/2010 on the file of the Judicial First Class Magistrate Court, Manjeri. The trial Court, by its judgment dated 19/07/2011, found them guilty and sentenced them for imprisonment. They filed Criminal Appeal No.245/2011 before the Sessions Court, Manjeri and the appellate Court, by its judgment dated 23/01/2012 allowed the appeal, set aside their conviction and acquitted them. Thereafter, the defacto complainant, additional 9th respondent, filed Criminal Appeal No.252/2012 before this Court. Despite their acquittal by the appellate Court, they were still kept in the Central Prison, Thiruvananthapuram, on account of the pendency of the appeal before this Court. It was in such circumstances that they have filed this writ petition contending that their detention is illegal and unconstitutional and that they should be set at liberty.
2. In view of the orders passed by this Court, they were W.P.(Crl)No.282/13 2 thereafter released from the Central Prison and were accommodated in a private lodge under the surveillance of the 6th respondent. Subsequently, Criminal Appeal No.252/2012 was heard by this Court and by judgment dated 1/10/2013, the appeal has been dismissed. With the dismissal of the appeal, the petitioners are entitled to set at liberty and however, as of now, the Foreigner's Regional Registration Officer has to issue an exit permit.
3. The learned counsel for the additonal 7th respondent states that an exit permit would be issued once the travel tickets are made available by the petitioners. Thereupon, the learned counsel for the petitioners states that they have already booked the tickets and that the tickets would be made available to the 7th respondent.
4. In such circumstances, we dispose of this writ petition with the following directions: i) The petitioners will be set at liberty forthwith. ii) On the petitioners making available their tickets for their return journey, the additional 7th respondent, FRRO will issue necessary exit permit and will also issue further orders, which are necessary for their travel. iii) The learned counsel for the petitioners states that their W.P.(Crl)No.282/13 3 passports are still in the custody of the Judicial First Class Magistrate, Manjeri. If that be so, we direct that it will be open to the petitioners to move that court and get the passports released. ANTONY DOMINIC, JUDGE P.D. RAJAN, JUDGE. acd W.P.(Crl)No.282/13 4 W.P.(Crl)No.282/13 5