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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
APPLE BARUA – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. condition imposed for bail violates rights. (Para 1 , 2 , 3) |
| 2. need to delete indefinite detention conditions. (Para 4 , 5) |
| 3. arguments for maintaining strict bail conditions. (Para 6 , 7) |
| 4. judicial limits in imposing bail conditions. (Para 8 , 10 , 11 , 12 , 13) |
| 5. final ruling on bail condition's legality. (Para 14 , 15) |
JUDGMENT
The legality of the condition imposed while granting bail to a foreign national, that he shall remain in the detention centre until the conclusion of the trial, falls for consideration in this writ petition.
2. The petitioner is a Bangladeshi National. He is the first accused in Crime No.871 of 2023 of Valiyathura Police Station. The offences alleged against him are punishable under Sections 465 , 468, 471, 419 r/w 34 of IPC , Section 14 (a) of the Foreigners Act , 1946, and Section 12(1A), 12(1)(b) of the Passport Act , 1967.
3. The prosecution case, in short, is that the petitioner, along with the second accused, forged some documents for the purpose of cheating, committed impersonation, used those documents to illegally obtain an Indian passport and tried to exit India through Thiruvananthapuram International Airport by deceiving immi
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