Ravi vs State of Kerala

RAVI vs State of Kerala

Type Court Judgment Court Kerala Decided Apr 11, 2019

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https://sooperkanoon.com/case/1900632

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Citation: sooperkanoon.com/1900632
Court: Kerala High Court
Judge: Honourable Mr. Justice B.Sudheendra Kumar
Decided On: Apr 11, 2019
Case Number: Bail Appl./2634/2019

Parties & Advocates

Appellant / Petitioner

RAVI

Respondent

State of Kerala

Excerpt

.....-2-orderthe petitioner is 7th accused in crime no. 36 of 2019 of vadakkekara police station. the offences alleged are punishable under sections 12(1)(a) of passports act, 1967 and sections 10 and 22 read with section 24 (1) (a) of emigration act, 1983, section 14a of foreigners act, 1946 and sections 109, 120b, 468, 471 and 370(3) read with sections 34 ipc.2. the petitioner was arrested on 25-01-2019 and ever since he has been in custody.3. heard.4. the prosecution allegation is that 87 personsincluding women and children were sent from malliyankara shore (munambam coast) on 12-1-2019 to an unknown destination in a boat without having any valid travel document. it is alleged that the petitioner along with the other accused conspired with a view to earn huge monetary benefit and chalked out the plan of illegal -3- emigration through arabian sea. they instigated a group of people belonging to different states and srilankan citizens to depart from india without any valid travel document. it is alleged that the accused collected huge amount promising jobs in new zealand. it is also alleged that the accused had the fraudulent intention of collecting huge money from the said persons.5. the learned public prosecutor has opposed the application.6. it appears that the investigation is not yetcomplete. the learned counsel for the petitioner has submitted that the parents of the petitioner had gone abroad in the same boat. however, the learned counsel for the petitioner is not able to state where they are at present. it has been submitted by the learned public prosecutor that the investigation is being conducted in abroad also. the whereabouts of the victims are not yet traced. therefore, if -4- the petitioner is released on bail at this stage, that may adversely affect the progress of the investigation. that apart, this court had already dismissed the earlier bail application filed by the petitioner, as per order dated 25.3.2019 in b.a. no.1476 of 2019. no change of.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR THURSDAY, THE 11TH DAY OF APRIL 2019 / 21ST CHAITHRA, 1941 Bail Appl..No. 2634 of 2019 AGAINST THE ORDER/JUDGMENT IN CRMC 270/2019 of JUDICIAL MAGISTRATE OF FIRST CLASS - I, NORTH PARAVUR DATED 04-02- CRIME NO. 36/2019 OF Vadakkekara Police Station , Ernakulam PETITIONER/S: RAVI AGED 32 YEARS S/O.RAJA, SUNIL NR, B-1ST/621, 1ST FLOOR, DR.AMBEDKAR NAGAR, SOUTH DELHI, DELHI-110062 BY ADV. SRI.K.MOHAMMED RAFEEQ RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA, ERNAKULAM THROUGH THE SUB INSPECTOR OF POLICE, VADAKKEKKARA POLICE STATION-683522. OTHER PRESENT: SRI.S.SAJJU,PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: -2-

ORDER

The petitioner is 7th accused in Crime No. 36 of 2019 of Vadakkekara Police Station. The offences alleged are punishable under Sections 12(1)(a) of Passports Act, 1967 and Sections 10 and 22 read with Section 24 (1) (a) of Emigration Act, 1983, Section 14A of Foreigners Act, 1946 and Sections 109, 120B, 468, 471 and 370(3) read with Sections 34 IPC.

2. The petitioner was arrested on 25-01-2019 and ever since he has been in custody.

3. Heard.

4. The prosecution allegation is that 87 persons

including women and children were sent from Malliyankara Shore (Munambam Coast) on 12-1-2019 to an unknown destination in a boat without having any valid travel document. It is alleged that the petitioner along with the other accused conspired with a view to earn huge monetary benefit and chalked out the plan of illegal -3- emigration through Arabian Sea. They instigated a group of people belonging to different States and Srilankan Citizens to depart from India without any valid travel document. It is alleged that the accused collected huge amount promising jobs in New Zealand. It is also alleged that the accused had the fraudulent intention of collecting huge money from the said persons.

5. The learned Public Prosecutor has opposed the application.

6. It appears that the investigation is not yet

complete. The learned counsel for the petitioner has submitted that the parents of the petitioner had gone abroad in the same boat. However, the learned counsel for the petitioner is not able to state where they are at present. It has been submitted by the learned Public Prosecutor that the investigation is being conducted in abroad also. The whereabouts of the victims are not yet traced. Therefore, if -4- the petitioner is released on bail at this stage, that may adversely affect the progress of the investigation. That apart, this court had already dismissed the earlier bail application filed by the petitioner, as per order dated 25.3.2019 in B.A. No.1476 of 2019. No change of circumstance has been brought to the notice of this court to allow this bail application. Considering the nature and gravity of the offences alleged against the petitioner, I am not inclined to allow this bail application at this stage. In the result, this bail application stands dismissed. sd B. SUDHEENDRA KUMAR, JUDGE. dl/11.4

Same Court & Year Kerala · 2019 Same Parties RAVI vs State of Kerala Same Judge Honourable Mr. Justice B.Sudheendra Kumar