ORDER : Leave granted. 2. We have heard the matter finally. 3. The appellants herein are Nigerian Nationals who were arrested in criminal proceedings arising out of FIR No.1830 dated 20.08.2014 lodged under Section 420 IPC with the Police Station Adoor, District Pattanamthitta, Kerala. These proceedings are still pending. Since the charge sheet was not filed within the prescribed period, the appellants became entitled to statutory bail which was granted by the High Court vide order dated 27.11.2014. The condition for bail was that the appellants shall execute bond of Rs. 1,00,000/- each with two solvent sureties each for the like sum each to the satisfaction of the First Class Magistrate, Adoor. Since the appellants are the citizens of Nigeria, they have not been able to arrange the aforesaid sureties and because of this reason they are still suffering incarceration though bail was granted to them more than 1½ years ago. Faced with this situation, 2 the appellants moved the High Court again with a request to modify and relax the bail conditions. The offer made was that the Court may accept cash security of Rs. 25,000/- and personal bond of Rs. 1,00,000/- in place of bond of Rs. 1,00,000/- with two solvent sureties. The appellants had also pursued the matter with the Government of Nigeria for the compliance of the conditions and in response, the High Commission of Nigeria had stated that it would be ready to cooperate with the High Court of Kerala in dispensation of justice and assured that the High Commission will not issue any travel document to the six Nigerians during the trial. Letter dated 17.03.2015 was addressed by the High Commission of Nigeria to this effect to the Kerala High Court. However, the High Court has dismissed the application for relaxing the bail conditions vide the impugned judgment dated 26.03.2015 on the ground that there is no extradition treaty between India and Nigeria and mere undertaking given by the Nigerian Embassy is of no avail. It is this order which is under challenge in the present proceedings. 4. It is not in dispute that there is no extradition treaty between India and Nigeria. Notwithstanding the same, we find that the appellants are charged of an offence of cheating under Section 420 IPC.
It is this order which is under challenge in the present proceedings. 4. It is not in dispute that there is no extradition treaty between India and Nigeria. Notwithstanding the same, we find that the appellants are charged of an offence of cheating under Section 420 IPC. Though they have been granted bail way back in November, 2014, the appellants have not been able to get the benefit of the said order of bail because of the condition of furnishing two solvent sureties which became an impossible condition for the appellants to fulfill having regard to the fact that they are foreign nationals. In these circumstances, to balance the equity and in the interest of justice, we are of the view that it is a fit case where the condition of furnishing two solvent sureties could have been relaxed with some other conditions which could ensure the presence of the appellants in India and to appear in the courts on the dates fixed for the trial. In this behalf, on the earlier dates of hearing, the learned counsel for the appellants has suggested that the appellants shall deposit the passports with the Trial Court and this coupled with the fact that the High Commission of Nigeria has agreed not to issue any travel documents, the same would ensure that the appellants would remain in India and affidavit of undertaking can also be filed by the appellants that they would attend every date of hearing before the Trial Court. We had asked the learned counsel for the respondent/State to verify the genuineness of the passports of the appellants. Learned counsel for the respondent/State makes a statement in the Court today that the passports are found to be genuine. Three passports have already been submitted to the Trial Court and remaining two passports are with the learned counsel for the State, which can also be deposited with the Trial Court. Insofar as appellant no.3, viz. accused No. 3, is concerned, it is stated that he has lost his passport and steps are taken for issuance of a fresh passport. The moment that is done, appellant No. 3 shall also be entitled to handover the passport to the learned counsel for the State who can get it verified and if the same is found genuine, the order that is being passed shall apply in his case.
The moment that is done, appellant No. 3 shall also be entitled to handover the passport to the learned counsel for the State who can get it verified and if the same is found genuine, the order that is being passed shall apply in his case. Accordingly, we dispose of this appeal by modifying the conditions of bail as under: 1. All the appellants shall execute a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lakh only) each. 2. All the appellants shall deposit cash security of Rs. 25,000/- (Rupees Twenty Five thousand only) each with the Trial Court. 3. The passports of all the appellants shall remain deposited with the Trial Court and all the appellants shall not leave the country during the pendency of the trial. They shall also keep informed the Trial Court about their whereabouts and change of address from time to time. 4. The Nigerian Embassy shall not issue any travel documents to all these appellants during the pendency of the trial. 5. The assurance of High Commission of Nigeria contained in letter dated 17.03.2015 is hereby accepted and it is made clear that the High Commission shall remain bound by the same. On fulfilling the aforesaid conditions, the appellants shall be released forthwith during the pendency of the trial. The Criminal Appeal is disposed of in the aforestated terms.