Kingsley Johnson Chkwuocha v. State of Kerala
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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.