Regular bail may be denied under the Bharatiya Nagarik Suraksha Sanhita when the accused is a foreign national suspected of illegal border crossing and possessing falsified identity documents, where the gravity of the offence and evidence of premeditated conduct weigh against release.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.06.2026, 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 applicant is the accused in Crime No.299/2026 of Malayinkeezh Police Station, Thiruvananthapuram District. The offences alleged are punishable under Section 3 read with Section 21 of the Immigration and Foreigners Act, 2025.

3. The prosecution case, in short, is that on 24.04.2026 at 4:00 p.m., based on reliable information received regarding the presence of a foreign woman without valid documents, the police party reached Manappuram Junction in Malayinkeezhu village and found the applicant standing there in a suspicious manner. On questioning, she failed to provide a satisfactory answer regarding the identity and nationality and was not in possession of any valid document. During interrogation, she disclosed her identity as Farzha Aktar Tumba, daughter of Muhammed Sadeq Bepari, a native of Khulna District, Bangladesh, and admitted that she had illegally crossed the border into India in the year 2023 without a passport or visa and thereafter resided and worked at various places in India and thereby committed the aforesaid offences.

4. I have heard Sri.Amjath A.R., the learned counsel for the applicant and Sri.M.P. Prasanth, the learned Public Prosecutor. Perused the case diary.

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

6. The applicant was remanded to judicial custody on 24.04.2026. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on her part. The investigation conducted so far prima facie shows that the applicant is a Bangladeshi national. The State Police have obtained copies of the applicant's Bangladeshi identity card and birth certificate. Those documents were provided to the investigating agency by the applicant's father, who identified the applicant as a Bangladeshi citizen. The applicant has produced Annexures 3 and 4, purported to be the Aadhar card and PAN card of the applicant. However, the name of the applicant is different on both cards. Considering the nature of the crime, the gravity of the offence, the complicity of the applicant in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage.

The bail application, accordingly, is dismissed.