Joshua v. State of Kerala
(2015) 1 KLT 52
In the High Court of Kerala
B.A. 7741/2014
Before Justice B. Kemal Pasha
Decided on January 27, 2014

Relevancy of the case: Bail application for Nigerian citizens involved in online job frauds

Statutes & Provisions Involved

• The Information Technology Act, 2000 (Section 66(D))
• The Indian Penal Code, 1860 (Section 34, 120(B), 420)
• The Code of Criminal Procedure, 1973 (Section 167(2))
• The Foreigners Act, 1946 (Section 14(a), 14(b))
• The Foreigners Order, 1948 (Section 11)
• The Passport Act, 1920 (Section 3(2)(a), 3(3))

Relevant Facts of the Case

• Petitioners are Nigerian citizens and have been undergoing detention in judicial custody 01.09.2014 onwards in connection with crime 1830/2014 of the Adoor Police Station, Pathanamthitta.
• It is alleged that by offering various jobs through the Internet, they have amassed crores of rupees from various job seekers from India by exercising fraud and cheating. In a similar manner, an amount of ₹ 21,19,130/- has been taken away from the son of the de facto complainant.

Opinion of the Bench

• The provisions under Section 167(2) of the Code of Criminal Procedure, 1973 are applicable not only to the citizens of India but also to any person who is undergoing detention in connection with the investigation of an offence. Though these Nigerian citizens are not having any proper travel documents, the right under this provision cannot be curtailed.

Final Decision

• This bail application is allowed and the petitioners shall be enlarged on bail by executing a bond for ₹ 11,00,000/-.
• Diplomatic agent of the country to which the petitioners belong shall execute a bond to the satisfaction of the court below for an amount of ₹ 6,00,000/-.