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2026 Supreme(Online)(Ker) 25521

IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH, J
KERRI JAYNE BUDD – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.P.SANTHOSH KUMAR, SRI.C.H.ABDUL RASAC
For the Respondents: O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA, SRI.K.A. NOUSHAD, SR. PP

Table of Content
1. foreign national overstayed visa, arrested pending extension. (Para 2 , 3)
2. counsel argued innocence vs. prosecution's intentional violation claim. (Para 5)

ORDER

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking regular bail.

2. The applicant is a foreign national. She is the sole accused in Crime No.734/2025 of Arthunkal Police Station, Alappuzha District. The offence alleged is punishable under Section 23 (b) of the Immigration and Foreigners Act, 2025 (for short, the Act).

3. The prosecution case, in short, is that in contravention of the provisions of the Act, the applicant resided in Puliyamkottu House, Cherthala, without any permit from the Government of India, even after receiving a “Leave India” notice from the FRO and being served with an exit permit requiring departure before 5.11.2025. The applicant failed to comply with the directions to leave India as per the order issued by the Bureau of Immigration on 29.9.2025 and thereby committed the offence.

4. I have heard Sri.Santhosh Kumar T.P., the learned counsel for the applicant, Smt.O.M.Shalina, the learned Deputy Solicitor General o

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