2026:MHC:684 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-02-2026 CORAM THE HON'BLE MR.JUSTICE SUNDER MOHAN CRL A No.1399 of 2025

1. Rowshan Ali S/o.Rajab Ali, Convict Prisoner, PID No.656032 Central Prison-1, Puzhal, Chennai - 600 066.

2. Mohamed Khairul Islam S/o.Samchur Rahman, Convict Prisoner, PID No.656031 Central Prison-1, Puzhal, Chennai - 600 066.

3. Mohamed Aminur Rahman S/o.Mohasmed Sithick Rahman, Convict Prisoner, PID No.656027 Central Prison-1, Puzhal, Chennai - 600066.

4. Mohamed Shoil Islam S/o.Mohamed Farroq Hosan, Convict Prisoner, PID No.656028 Central Prison - 1 Puzhal, Chennai - 600066.

5. Shaiful Islam S/o.Ansar Ali, PID No.656033 Central Prison-1 Puzhal, Chennai - 600066.

6. Mohamed Abul Hossain S/o.Mohamed Boslol Rahman Dootha, PID NO.656030 Central Prison-1 Puzhal, Chennai - 600 066.

..Appellants/A1 to A6 Vs The State, Represented by The Inspector of Police, Palladam Police Station, Tiruppur.

...Respondent Prayer : Criminal Appeal filed under Section 415(2) of BNSS to call for the records and set aside the conviction and sentence imposed on the appellant vide a Judgment dated 07.07.2025 by the II Additional District and Sessions Judge, Tiruppur, in S.C.No.57/2025, Chennai.

For Appellants : M/s.S.Nadhiya For Respondent: Mr.S.Raja Kumar Additional Public Prosecutor

JUDGMENT

This Criminal Appeal challenges the Judgment of conviction and sentence passed by the learned II Additional District and Sessions Judge, Tiruppur, convicting the Accused Nos.1 to 6/appellants for the offence under Section 14 of the Foreigners Act, 1946. The Accused Nos.1 to 6/appellants were sentenced as follows:

2(a). The allegation against the appellants/A1 to A6 is that they had entered into Indian territory and they were staying at Tiruppur without any valid passport, visa, or any valid travel document from Bangladesh, and thus, committed the aforesaid offence.

(b). The appellants were arrested on 04.01.2025, and an FIR was registered on the complaint given by the Sub Inspector of Police, P.W.1. After conducting the investigation, P.W.4, the investigation officer, filed the final report for the offences under Sections 3(2)(c) r/w 14 of the Foreigners Act, 1946, before the learned Judicial Magistrate, Palladam, which was taken on file as P.R.C.No.6 of 2025.

(c) On the appearance of the accused, the provisions of Section 207 Cr.P.C. were complied with, committed to the learned II Additional District and Sessions Judge, Tiruppur, for trial, which was taken on file as S.C.No.57 of 2025. The trial Court framed charges against the accused for the offences under Sections 3(2)(c) r/w 14 of the Foreigners Act, 1946, and when questioned, the accused pleaded 'not guilty.'

(d) To prove its case, the prosecution had examined 4 witnesses as P.W.1 to P.W.4 and marked 11 exhibits as Exs.P1 to P11. When the accused was questioned, u/s.313 Cr.P.C., on the incriminating circumstances appearing against them, they denied the same. The accused neither examined any witness nor marked any document on their side.

(e) The trial Court found that the prosecution had established that all the appellants are Bangladeshi nationals and did not have a valid document to travel to India and found them guilty of the offence under Section 14 of the Foreigners Act, and accordingly, convicted and sentenced them as stated above. Hence, the accused has preferred the instant appeal challenging the said conviction and sentence imposed on them.

3(a). M/s. Nadhiya, the learned counsel for the appellants/A1 to A6, would submit that the instant appeal has been filed mainly challenging the sentence imposed on the appellants; and that since the appellants have been in custody since January 2025, the period of incarceration undergone by them would be s