Kerala High Court Grants Interim Bail To Sri Lankan Refugees Caught Attempting To Illegally Travel To Canada On Fishing Boat

The Kerala High Court on Friday granted interim bail to Sri Lankan nationals, who are accused of attempting to illegally travel to Canada via sea, and directed the trial court to complete the trial within three months after receipt of final report in the matter.

During the bail period, the accused persons, who had been apprehended near Vaddy Harbour, Kaikulangara Cheny Kollam West Village Kollam, will remain confined to a home run by Gandhi Bhavan International Trust, Pathanapuram and Open Prison and Correctional Home, Nettukaltheri, Thiruvananthapuram, until further orders. The petitioners were earlier living in various refugee camps in Tamil Nadu.

Justice Viju Abraham said since the petitioners, who include women and children are in custody from September 6 and a child among them is having serious health issues, the court is of the opinion that they cannot be further detained.

The court had earlier impleaded Director of Rehabilitation and Welfare of Non Resident Tamils, Chepauk, Tamil Nadu as a respondent in the matter. It said the question of sending the petitioners back to refugee camps established by Tamil Nadu government could be decided only after obtaining the views of the said respondent.

"The Director of Health Services is impleaded as Additional Respondent in these bail applications. The said respondent as well as the District Medical Officer, Kollam shall see that necessary medical facility is provided to the child who is suffering from 'Kernicterus' and also to the pregnant woman, including providing necessary ambulance service, whenever required," it said.

The court made it clear that if any requirement arises for taking the children or any of the petitioners out of the home where they are allowed to stay as per this order, the authorities of Gandhi Bhavan International Trust or the authorities under the Kerala State Legal Services Authority shall do so only after getting necessary permission of the investigating officer

"The authorities under FRRO, Thiruvanthapuram shall also be at liberty to visit the home, where they are staying and shall also take necessary steps required under laws with regard to foreign citizens, in respect of all the petitioners in these bail applications," it added.

With regard to petitioners who will remain confined to Open Prison and Correctional Center, Thiruvananthapuam, the court said they are not staying in the said open jail as prisoners but only as a temporary arrangement till further orders are issued in this regard. "The Superintendent of Open Prison and Correctional Center, Thiruvanathapuram, shall see that all basic amenities including food and medical facilities are provided to the petitioners without fail," it added.

According to the prosecution, the petitioners were found near Vaddy Harbour without proper travel documents and permissions while making preparations for illegally immigrating to Canada via Sea. It was also alleged that the petitioners along with other accused persons had "intentions and preparations for human trafficking". However, it was also stated that the refugees were lured by three accused persons on the promise of giving them jobs in Canada after collecting money from them.

Th accused were supposed to leave foreign countries in a fishing boat from Kollam and were arrested on September 06.

It was earlier submitted by Advocates V.I. Rahul and Sherin Edison that the petitioners were falsely implicated in the case, and that since the investigation was practically over, their further detention was not essential. 

On the other hand, the Public Prosecutor submitted on behalf of the respondents that the investigation was still ongoing, and that the allegations against the petitioners were of serious nature.

The Deputy Solicitor General also contended that since the petitioners were foreign nationals, they could not be allowed to move around freely in the country after their release until and unless necessary decision is taken in this regard by the Civil Authorities.

On a pointed query by the Court as to whether any detention centers were established by the State Government, so that the petitioners could stay there if they are released on bail, the Public Prosecutor submitted that a building had been identified in Kottiyam, Kollam, to start a transit home. On Instructions, the PP submitted that the temporary detention center will be established and notified without any delay and thereafter the petitioners could be permitted to continue there in the event of their release on bail.

"Since the petitioners are in custody from 09.06.2022 and some of them are women, and a few of their children are now under the protection of the Child Welfare Committee and now staying at care home and further that child of one of the petitioners is having serious health issues, this Court is of the opinion that petitioners cannot be further detained till instructions are obtained from the respective Government departments regarding the detention centres," the court said

Adv Parvathy Menon, representing the KELSA, during the hearing submitted that some of the petitioners can be accommodated in the home run by Gandhi Bhavan International Trust at Pathanapuram and necessary facilities for their stay and basic medical facilities would be provided there. However, the court was told if any specialized treatment was required, it should be provided by the District Medical Officer, Kollam. 

The petitioners were thus granted interim bail upon execution of Rs. 25,000 personal bond before the jurisdictional court. Since the court was told the petitioners are finding it difficult to solvent sureties, it said they shall be released on personal bond only.

"The jurisdictional court shall soon after receipt of the final report in the above numbered crimes, shall take sincere steps to complete the trial of the cases at the earliest, at any rate within a period of three months from the date of filing of the final reports," it said in the order.

The matter has been posted for further consideration regarding the petitioners' stay, on November 3. 

Case Title: Dilakshan & Anr v. State of Kerala & Ors. 

Click Here To Read/Download The Order