Presumption of guilt is maintained in cases of serious immigration offenses by foreign nationals lacking documentation.

O R D E R

Bail Appl. Nos.271/2026 & 283/2026 These applications are filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS )

seeking regular bail.

2. The applicants in B.A. No.271/2026 are accused Nos.4 and 5 and the applicant in B.A. No.283/2026 is accused No.6 in Crime No.1539/2025 of Kalamassery Police Station, Ernakulam District. The offences alleged are punishable under Section 3 40 (2) of the Bharatiya Nyaya Sanhita, 2023 ; Sections 3 and 12(1A) of the Passports Act, 1967 and Section 21 of the Immigration and Foreigners Act, 2025 .

3. The prosecution case, in short, is that the accused persons, being nationals of Bangladesh, were found staying in India from 2022 up to 23.12.2025 without any proper travelling documents, entered the country through illegal immigration and also obtained false Indian identity documents and thereby committed the aforementioned offences.

4. I have heard Sri.Saurav B., the learned counsel for the applicants and Sri.M.C.Ashi, the learned Senior Public Prosecutor.

Perused the case diary.

5. The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to bail. On the other hand, the learned Senior Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and they are not entitled to bail at this stage.

6. The applicants were remanded to judicial custody on 23.12.2025. A perusal of the case diary would reveal that the accusation against the applicants is very serious, and it prima facie shows a premeditated criminal act on their part. The applicants are nationals of Bangladesh. The report of the investigating officer would show that the investigation conducted so far prima facie reveals that the identity documents seized from the applicants are fake ones. The applicants have no permanent abode and they are in the habit of staying in various states of the country. Considering the nature of the crime, the gravity of the offence, the complicity of the applicants in it, and the facts and circumstances mentioned above, I am of the view that the applicants cannot be released on bail at this stage.

The bail applications, accordingly, are dismissed.

Sd/-