Kingsley Johnson Chkwuocha v. State of Kerala
In the High Court of Kerala
Crl. M.C. 766/2023
Before Justice K. Babu
Decided on January 31, 2023

Relevancy of the case: Modification of bail conditions in a case involving a foreign national accused of cyber crime and cheating

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66D)
• The Foreigners Order, 1948 (Section 11)
• The Indian Penal Code, 1860 (Section 34, 420)

Relevant Facts of the Case

• The petitioner, a Nigerian citizen, was accused of cyber crime and cheating.
• The Chief Judicial Magistrate, Thiruvananthapuram, granted bail under specific conditions to ensure compliance and prevent the petitioner from fleeing the jurisdiction. Relevant conditions included:
  • A diplomatic agent of his country should execute a bond of ₹6 lakhs.
  • The petitioner should remain within the city’s corporation limits until the case is disposed of under the strict supervision of the Foreign Registration Officer.

Prominent Arguments by the Advocates

• The petitioner’s counsel sought modification of the condition requiring a diplomatic agent of his country to execute a bond for bail.

Opinion of the Bench

• The court acknowledged the submissions of the petitioner’s counsel.

Final Decision

• The court lifted the said condition from the bail order and directed the investigating officer to notify all airports to prevent the petitioner from leaving the country.