Allowed

Chandraroopa v. State of Kerala

Kerala HC8 Feb 2021Bail Appl./1192/2021

Case brief

AI extract

What is this about?

The High Court of Kerala allowed bail to an accused woman charged with offences under IPC Sections 468, 471 and the Foreigners Amendment Act, 2004, noting strong indications of trafficking and absence of specific intent to commit fraud.

What did the court decide?

Applicant released on bail on a bond of Rs. 50,000 with two sureties and condition to be housed in a rehabilitation home/Mahila Mandir.

Chandraroopa Vs State of Kerala — Bail and Remand | Kerala HC (2021)

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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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MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942

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Bail Appl..No.1192 OF 2021

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CRIME NO.1327/2019 OF NEDUMBASSERY POLICE STATION , ERNAKULAM

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PETITIONER/ACCUSED:

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CHANDRAROOPA, AGED 45 YEARS, CHANDRA ROOOPA BHATTARAI,W/O BEDNITHI BHATTARAI, RESIDENT OF ITAHARI SUNSARI, NEPAL. PRESENTLY LODGED IN CENTRAL PRISON AND CORRECTION HOME, VIYOOR, THRISSUR KERALA 680010 PIN-680010

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BY ADV. SMT.SANDHYA RAJU

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN-682031

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2 STATION HOUSE OFFICER NEDUMBASSERY AGED 50 YEARS NEDUMBASSERY POLICE STATION PIN-683585

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R1 BY PUBLIC PROSECUTOR

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OTHER PRESENT:

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SMT.V.SREEJA - PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.No.1192 OF 2021

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ORDER

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Dated this the 08th day of February, 2021

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APPLICATION FOR REGULAR BAIL

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The applicant is a citizen of Nepal and is the accused in

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Crime No.1327 of 2019 of Nedumbassery Police Station, Ernakulam, for having allegedly committed offences punishable under Sections 468, 471 of the IPC and Section 14A (a) of the Foreigners Amendment Act, 2004. The prosecution case, in brief, is this:

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On 25.12.2019, she was travelling to Abu Dhabi through the Nedumbassery Airport and was found to be in possession of a forged NOC and visa and there were no valid documents in her possession. Accordingly, she was arrested and remanded to judicial custody and continues in remand. The applicant states that she is a lady, who is the victim of trafficking and she was being taken to Abu Dhabi, promising a job there as a house-maid. But, the real intention of the agents involved appears to be using her for the purpose of illegal trade and

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B.A.No.1192 OF 2021

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trafficking. The applicant has no criminal antecedents. She is willing to abide by any condition and make herself available for trial and hence, she seeks bail.

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Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor submits that there is no report regarding the applicant being a victim of trafficking. But, admits that she has no criminal antecedents. It is also submitted that the investigation is almost complete and the final report is ready to be filed and is awaiting sanction as required by law. Hence, the application for bail is vehemently opposed.

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After having heard the submissions on both sides, I find that the applicant has no specific allegation regarding what the applicant was intending to do on her going abroad. There is a strong indication that the applicant may have been subjected to trafficking or illegal labour and there is no indication that she was party to the fraudulent documents which she was carrying. Under the circumstances, the applicant is entitled to be released on bail on stringent conditions:

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In the result, the application is allowed and the

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B.A.No.1192 OF 2021

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applicant is directed to be released on bail on the execution of a bond for Rs.50,000/-(Rupees Fifty thousand only), with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further conditions:

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(i) She shall be housed in rehabilitation home/ Mahila Mandir, Ernakulam, till such period as the jurisdictional court may determine.

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(ii) She shall make herself available for trial on all posting days unless exempted by the trial court and anticipate that the trial court shall on filing of the final report, take the trial forward and to its logical conclusion at the earliest.

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In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.

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The bail application is allowed.

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NR/08/02/2021

Chandraroopa v. State of Kerala

Case brief

What is this about?

What did the court decide?

Chandraroopa v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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