C.S.Dias, J
1. The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the accused Nos.1 & 2 in Crime No.44/2024 of the Panangad Police Station, Ernakulam, which is registered against them for allegedly committing the offences punishable under Sections 14A, 14(a) & 14(b) of the Foreigners Act, 1946, and Section 12(1)(c)(d) of the Passports Act, 1967. The petitioners were arrested on 12.01.2024.
2. By order dated 27.03.2024, this Court enlarged the petitioners on interim bail, but directed them to be transferred to detention centre/ transit home, Kollam, since they do not have valid visas to stay in India. Subsequently, it was reported that the petitioners had challenged the FIR before this Court for charging the petitioners for committing the offences under Sections 14A, 14(a) & 14(b) of the Foreigners Act and Sections 12(1A), 12(1)(c) & 12(1)(d) of the Passports Act. By order dated 09.09.2024, in Crl.M.C.No.6618/2024, this Court quashed the FIR so far it charged the petitioners for committing the offences under Section 14A of the Foreigners Act and Section 12(1A) of the Passport Act. Consequent to the said order, the petitioners pleaded guilty before the Trial Court and they have been convicted and sentenced to undergo a sentence of simple imprisonment for a period of 2 (Two) months and Fine of Rs.1,000/- each (Rupees One thousand only) for the offence punishable U/S. 14(a) of the Foreigners Act, 1946, a sentence of simple imprisonment for a period of 2 (Two) months and fine of Rs.1,000/- each (Rupees One thousand only) for the offence punishable U/S. 12(1)(c) of Passports Act, 1967 and a sentence of simple imprisonment for a period of 2 (Two) months and Fine of Rs.1,000/- each (Rupees One thousand only) for the offence punishable U/S. 12(1)(d) of Passports Act, 1967. In default of payment of fine of Rs.1,000/-(Rupees One thousand only) for the offence punishable U/S. 14(a) of the Foreigners Act, 1946, the petitioners were ordered to undergo further simple imprisonment for a period of 10 days. In default of payment of fine of Rs.1,000/-(Rupees One thousand only) for the offence punishable U/S.12(1)(c) of Passports Act, 1967, the petitioners were ordered to undergo simple imprisonment for a period of 10 days. In default of payment of fine of Rs.1,000/-(Rupees One thousand only) for the offence punishable U/S. 12(1)(d) of Passport Acts, 1967, the petitioners were ordered to undergo simple imprisonment for a period of 10 days. Petitioners were also ordered to be entitled to set off for a period commencing from 12.01.2024 to 05.04.2024.
3. Heard; Sri. Aneesh K.R., the learned counsel appearing for the petitioners, Smt. Seetha S., the learned Senior Public Prosecutor, Smt.A.Parvathi Menon, the learned Project Co-ordinator of the Victim Rights Centre, and Sri. Suvin.R.Menon, the learned counsel appearing for the Foreign Regional Registration Office (FRRO).
4. The learned counsel for the petitioners submitted that even though the petitioners have been sentenced to undergo a maximum imprisonment for a period of two months concurrently in respect of all the above offences, as that of the petitioners are entitled to set off for the period from 12.01.2024 to 05.04.2024 i.e., a period which the petitioners were in judicial custody as under-trial prisoners, the petitioners are entitled to forthwith be released. The petitioners have also remitted the fine amount.
Taking into consideration the judgment dated 13.09.2024 passed by the Court of the Judicial First Class Magistrate-VIII, Ernakulam, the fact that the petitioners have already been granted set off for the period from 12.01.2024 to 05.04.2024 i.e., more than four months, they have been sentenced to undergo imprisonment concurrently only for a period of two months as per the present judgment and, that the petitioners have remitted the fine amount, I am of the view that nothing further remains in the bail application. Hence, the Investigating Officer in Crime No.44/2024 and the Superintendent of the Sakhi One Stop Centre, Children’s Compound Home, Kakkanad, are directed to forthwith release the petitioners. The order declaring Sakhi One Stop Centre, as a deemed detention centre, is hereby recalled.
