Regular bail may be denied when there is prima facie evidence of serious offenses involving illegal entry and the use of forged official documents, particularly when investigations are ongoing and the conduct appears premeditated.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.06.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O R D E R

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

2. The applicants are the accused Nos.1 and 2 in Crime No.589/2026 of Museum Police Station, Thiruvananthapuram District. The offences alleged are punishable under Section 3 read with Section 21 and Section 8 read with Section 23(b) of the Immigration and Foreigners Act, 2025.

3. The prosecution case, in short, is that the applicants, who are alleged to be citizens of Bangladesh, entered India without any valid passport, visa or any other document and accused Nos.3 and 4, without informing the details of the applicants to the concerned authorities, employed them as therapists in the Pearl Wellness Unisex Spa at Jagathy operated by them. Thus, the applicants are alleged to have committed the aforesaid offences.

4. I have heard Sri.Amjath A.R., the learned counsel for the applicants, Smt.O.M.Shalina, the learned DSGI, and Smt.Sreeja V., 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 as well as the learned DSGI 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 24.04.2026. 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 investigation conducted so far reveals that the applicants are Bangladesh nationals. The applicants have no case that they have any valid passport, visa or other travel documents. That apart, the investigation further reveals that the accused No.2 fraudulently obtained a forged Aadhar card by afÏxing her photograph on the same and has been using the same as genuine. Hence, the offences under Sections 336(2) and 342 of the Bharatiya Nyaya Sanhita, 2023, have also been incorporated. The investigation is going on. 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 application, accordingly, is dismissed.