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2015 DIGILAW 1022 (MAD)

Ramesh v. State Rep. by the Inspector of Police, Q Branch CID

2015-02-20

P.DEVADASS

body2015
Judgment P. Devadass, J. 1. Petition for modification of bail condition imposed by this Court in Crl.O.P.No.1595 of 2015 on 22.01.2015. 2. Offences alleged under Section 120(B), 420 of I.P.C. r/w Section 14-A(b) of Foreigners Act, 1946 and Section 12(1) (c) of Passport Act, 1967 in Cr.No.3 of 2014. 3. Chennai City Police busted a Passport racket gang. It included some Srilankan Tamils. Petitioners are Srilankan Tamils. They were granted bail by this Court as early as on 22.1.2015 in Crl.O.P.No.1595 of 2015. In para 6(iii), petitioners were directed to surrender their passport to the learned Judicial Magistrate No. I, Poonamallee. However, petitioners are still in jail without executing the bail bond. 4. The learned counsel for the petitioners submitted that since the petitioners do not possess any passport, they could not comply the said bail condition. 5. The learned counsel for the petitioners further submitted that during the ethnic strife in Island, fearing their lives, many fled to India and landed to ashore Tamilnadu by boat. The Government of Tamilnadu housed them in camps, provided them food, shelter, clothes, certain basic amenities, etc. and also provided rehabilitation measures. 6. The learned counsel for the petitioners further submitted that like many refugees, petitioners were given identity cards. Since they are not having passport, they cannot comply with the condition imposed by this Court. In the circumstances, the learned counsel for the petitioners would submit that the condition may be modified suitably. 7. As this case is being handled by 'Q' Branch police, prosecution was directed to verify and report. 8. The learned Govt. Advocate (Crl. side) submitted that the petitioners are not having any passports. 9. I have anxiously considered the submissions of the learned counsel. 10. Criminals are of several categories such as natives, foreigners, Refugees, Stateless persons. The Principle of equality enshrined in Article 14 of the Constitution is universal in its application to all. So also the right to liberty guaranteed in Article 21, Constitution of India. However, the personal freedom guaranteed in Article 19, Constitution of India is available only to the citizens. 11. So far as the application of criminal law is concerned, there should not be any disparity between citizens and non-citizens. In criminal Court, there cannot be disparity as between them. However, the personal freedom guaranteed in Article 19, Constitution of India is available only to the citizens. 11. So far as the application of criminal law is concerned, there should not be any disparity between citizens and non-citizens. In criminal Court, there cannot be disparity as between them. But it is a fact that when the accused persons have connection abroad, the Courts used to direct them to surrender their passports. But when there is no passport at all, imposing such a condition is otiose. 12. Bail orders are passed to enable the accused to come out of jail. In this case, bail order has been passed as early as on 22.1.2015. But, still the petitioners remain in jail. In the circumstances, bail condition imposed in para 6 (iii) of Crl.O.P.No.1595 of 2015, dated 22.1.2015 is deleted. The other conditions remain as it is.