Disposed

Aniaogu Uchechukwa Paschal v. State of Kerala

Kerala HC4 Feb 2020Crl.MC/163/2020

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a criminal miscellaneous petition seeking removal of bail conditions. The Court directed the State to seek action against petitioners for entering India without the surrendered passport and ordered their release pending such action.

What did the court decide?

Release of petitioners subject to appropriate action taken by FRRO under the Foreigners Act within fifteen days.

Aniaogu Uchechukwa Paschal Vs State of Kerala — Service and Employment | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ASHOK MENON

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TUESDAY, THE 04TH DAY OF FEBRUARY 2020 / 15TH MAGHA, 1941

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Crl.MC.No.163 OF 2020(A)

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AGAINST THE ORDER/JUDGMENT IN CRMC 1742/2019 DATED 15-10-2019 OF DISTRICT COURT & SESSIONS COURT,THRISSUR

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CRIME NO.608/2018 OF Guruvayoor Temple Police Station, Thrissur

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PETITIONERS/ACCUSED NOS.7 AND 8:

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1 ANIAOGU UCHECHUKWA PASCHAL, AGED 25 YEARS, S/O.AHIOGU, LAGOS ISLAND, NO.6, OLOROGUN STREET, IHIALA TOWN, LILU (V), UHUALABO, NIGERIA. (NAME OF THE 1ST PETITIONER WRONGLY SHOWN AS AHIAOGU UCHECHUKWA PASCHAL IN ANNEXURE IV ORDER).

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2 NNANNA EKENE FIDELIS, AGED 45 YEARS, S/O.UGOCHUKWU NNANA, IMO STATE, AWOUMAMA (V), UMUAMA-AWOUMAMA (DT.), NIGERIA.

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BY ADVS. SRI.ADITHYA RAJEEV

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SHRI. GIRISH KUMAR M S

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RESPONDENTS/COMPLAINANT:

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1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-682031.

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Crl.M.C.No.163 of 2020

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2 THE UNION OF INDIA REPRESENTED BY THE MINISTRY OF HOME AFFAIRS, NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI-110 001.*

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3 THE FOREIGN REGIONAL REGISTRATION OFFICER (FRRO) COCHIN, 2ND FLOOR, AIRLINES BUILDING, COCHIN INTERNATIONAL AIRPORT, NEDUMBASSERY, PIN-683 111*

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*IMPLEADED ADDL.R2 & R3 AS PER ORDER DATED 31.01.2020 IN CRL.M.A.NO.3/2020.

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R1 BY SRI.C.S.HRITHWIK, SR PP R2-R3 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA

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OTHER PRESENT:

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.163 of 2020

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O R D E R

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Dated this the 4th day of February 2020

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The petitioners are aggrieved by the impugned

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order of the District & Sessions Judge, Thrissur in

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Crl.M.C.No.1742/2019 in Crime No.608/2018 of

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Guruvayoor Temple Police Station, wherein the order of the learned Magistrate granting bail to the petitioners on condition that the Passport shall be surrendered, was upheld and it was found that the petitioners have travelled to India not on the basis of the Passport which was produced; but with some

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other Passport and therefore the bail allegedly

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granted to the petitioners could not materialise for non-production of that Passport. The petitioners

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therefore approached this Court to remove the

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condition to produce the Passport which enabled the petitioners to enter the Country.

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The Union of India and the Foreign Regional

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Registration Officer (FRRO) are impleaded as

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Crl.M.C.No.163 of 2020

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respondents 2 and 3 herein. The learned Counsel for

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the petitioners and the learned Senior Public Prosecutor and ASG appearing for the respondents were heard. It is submitted that in case the petitioners have entered India without using the Passport, which

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is now surrendered before the Court below, then appropriate action will have to be taken against the petitioners under the provisions of the Foreigners Act.

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Therefore, the 1^st respondent is directed to make appropriate steps requesting the FRRO for taking action under the Foreigners Act and the petitioners shall be released subject to the action taken by the FRRO, within a period of fifteen days. With the above observations, the Crl.M.C. is disposed of.

Sd/-

dkr

ASHOK MENON

JUDGE

Crl.M.C.No.163 of 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE I COPY OF THE FIRST INFORMATION REPORT DATED 17.12.2018 IN CRIME NO.608/2018 OF THE GURUVAYOOR TEMPLE POLICE STATION, THRISSUR DISTRICT. ANNEXURE II COPY OF THE ORDER DATED 4.4.2019 IN MP.NO.3386 OF 2019 OF THE JUDICIAL FIRST CLASS MAGISTRATE, CHAVAKKAD. ANNEXURE III COPY OF THE ORDER DATED 8.8.2019 IN MP.NO.5667/2019 OF THE JUDICIAL FIRST CLASS MAGISTRATE, CHAVAKKAD. ANNEXURE IV COPY OF THE ORDER DATED 15.10.2019 IN CRL.M.C.1742 OF 2019 BEFORE THE SESSIONS COURT, THRISSUR.

Aniaogu Uchechukwa Paschal v. State of Kerala

Case brief

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Aniaogu Uchechukwa Paschal v. State of Kerala

Case brief

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