Madras HC denies bail, advances bail to illegal migrants

The Madras High Court on Monday denied bail or early bail to a batch of foreign nationals, who have been arrested or feared they will be arrested for various reasons, including illegal stay in India.

Judge M Dhandapani dismissed the plea while dismissing a batch of original criminal petitions from Suresh Raj aka Chinna Suresh and nine others.

The petitioners were people of different nationalities – from Sri Lanka, Nigeria, China, Iran and Bangladesh, who had stayed longer in the country beyond the validity of their visas or had entered illegally without appropriate immigration or visa documents. Due to certain acts, they had received an unfavorable opinion from the police, which resulted in the filing of complaints under various articles of the IPC, the Aliens Act and the Passport Act.

“Although the petitioners in some of the petitions are residents of Indian descent, it should be noted that such a plea is not supported by any document.

In addition, in a few cases, one of the allegations made against the petitioners, in addition to their illegal migrant status, is the fact that they obtained identity cards, such as the Aadhar cards from the UIDAI in using false documents, which in itself constitutes a criminal offense, ”the judge said.

Without a proper investigation, allowing these petitioners to be released on bail would be detrimental to the safety and security of the country.

“In addition, some petitioners, who are illegal immigrants, have resided in Indian territory for decades together without being deported to their country of birth, due to deficiencies in the government apparatus and law enforcement.

Allowing such loopholes to continue would be nothing more than aiding and encouraging the commission of a crime, which is unacceptable and allowing such an act to flourish without dealing with it in accordance with the law would have enormous ramifications on on many fronts and jeopardize the safety and security of the citizens of the country.

“Ultimately, the Indian subcontinent would be the grazing ground for predatory illegal migrants with devious minds to take over the country, which would lead to a pre-independence scenario. Consequently, this court is not inclined to accept the plea of ​​the applicants for the granting of a bond or an advance of bond ”, added the judge.