Kerala High Court
Massimiliano Latorre vs State Of Kerala on 30 May, 2012
Author: N.K.Balakrishnan
Bench: N.K.Balakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
WEDNESDAY, THE 30TH DAY OF MAY 2012/9TH JYAISHTA 1934
Bail Appl..No. 3517 of 2012 ()
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CRMP.1340/2012 of SESSIONS COURT,KOLLAM
CRIME NO.2/2012 OF COASTAL POLICE STATION, NEENDAKARA
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PETITIONERS:ACCUSED NOS. 1 & 2 :-
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1. MASSIMILIANO LATORRE
CHIEF MASTER SARGEANT, SAN MARCO REGIMENT, ITALY
(HOLDER OF ITALIAN PASSPORT NUMBER AA 1465972).
2. MR. SALVATORE GIRONE
SARGEANT, SAN MARCO REGIMENT
ITALY (HOLDER OF ITALIAN PASSPORT NUMBER S 111982).
BY ADVS.SRI.M.R.RAJENDRAN NAIR (SR.)
SRI. C.S.NAIR
SRI.M.R.SUDHEENDRAN
SRI. A.K.MANOJ
RESPONDENTS :-
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1. STATE OF KERALA
THROUGH THE CIRCLE INSPECTOR OF POLICE
THE COASTAL POLICE STATION
NEENDAKARA REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM.
ADDL.2. UNION OF INDIA REPRESENTED BY ITS SECRETARY,
MINISTRY OF EXTERNAL AFFAIRS,
NEW DELHI.
IMPLEADED AS PER ORDER DATED 30.5.2012 IN CRL.M.A.
NO.3703 OF 2012.
BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA
BY DGP SRI.ASAF ALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
30-05-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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N.K.BALAKRISHNAN, J.
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B.A. No.3517 of 2012
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Dated this the 30th day of May 2012
O R D E R
Petitioners are accused Nos.1 and 2 in Crime No.2/2012 of Coastal Police Station, Neendakara. Petitioners are Italian Military Navy Officials. The offence alleged against them is under Sec.302 of IPC r/w 34 IPC. It is alleged that petitioners were on board of M.V.Enrica Lexie as part of their official duty to protect the Vessel from International piracy. They shot at a fishing boat namely St.Antony, in which there were 11 crew members and as a result of the same two fishermen died on the spot and thus they caused murder of those two fishermen.
2. Petitioners were arrested on 19.2.2012 and since then they have been in custody.
3. It is submitted by the learned Senior counsel appearing for the petitioners that the investigation in this B.A. No.3517 of 2012 -: 2 :- case is over and no further interrogation is required. It is also submitted by the learned Senior Counsel that petitioners will not leave India or even State of Kerala and that they will be available for trial for which the petitioners will abide by any condition that may be imposed by this Court. It is also submitted that the petitioners will surrender their passports and so they cannot leave India.
4. Learned Director General of Prosecution has opposed the request and submits that if the accused are released on bail, their presence cannot be secured at the time of trial as they are Italian Nationals. It is also submitted by the learned DGP that even if bonds are executed for `1 Crore or more, the only action that can be taken would be by forfeiting the bond but it will not serve the purpose as it would be difficult to get the accused for trial.
5. It was pointed out that if the petitioners are to go out of the jail, they should have valid Visa/travel documents and if they are not possessed of such valid Visa/travel documents, they would be committing offence under the B.A. No.3517 of 2012 -: 3 :- Foreigner's Act and other laws of this Country. It is submitted that if the court grants bail that would amount to permitting the petitioners to commit the offence. It was noticing such a contingency, Union of India ie; Addl.2nd respondent has been impleaded.
6. Learned Addl. Solicitor General has filed a statement which is to the effect that if this Court is inclined to grant bail, the Ministry of Foreign Affairs has to consider the following two alternatives :-
"(i) The foreign national has a valid passport in his possession. In such case, the Ministry can issue necessary direction to the concerned Foreigners Regional Registration Officer or the Foreigners' Registration Officer concerned, to make necessary endorsement on the passport, for a Visa for with a limited validity.
(ii) The foreign national does not have a valid passport. In such a situation, the Italian Embassy in India could be asked to issue a travel document in lieu of the Passport and the Visa endorsement can be done on such a travel document."
In view of the said statement it is submitted by the learned Senior counsel for the petitioners that once bail is granted, the Ministry can issue necessary direction to the Foreigners B.A. No.3517 of 2012 -: 4 :- Regional Registration Officer or the Foreigners' Registration Officer concerned to make necessary endorsement on the passports of the accused for a Visa with a limited validity.
7. In view of the submission made by the learned Senior Counsel that the petitioners will surrender their passports and that they will not leave the State of Kerala or even the Ernakulam District and considering the period of detention already undergone by the petitioners, the petitioners are granted bail subject to the following conditions :-
a. The accused shall execute a bond for `One Crore each with two solvent Indian sureties each for the like sum to the satisfaction of the Chief Judicial Magistrate, Kollam. Sureties shall produce their original title documents or other original documents to prove their solvency.
b. The petitioners shall surrender their passports before Chief Judicial Magistrate Court, Kollam, if not already surrendered before court or seized by the police.
B.A. No.3517 of 2012 -: 5 :-
c. The petitioners shall appear before the City Police Commissioner, Kochi on all days between 10 AM to 11 AM until further orders.
d. Petitioners shall produce Visa/travel documents having been endorsed by the Foreigners Regional Registration Officer or the Foreigner's Registration Officer concerned before they are to be released from jail.
e. After release from jail, petitioners shall stay in a building within a distance of 10 kms from the office of the City Police Commissioner, Kochi. The number and other particulars of the building where the petitioners intend to stay shall be furnished in writing to the City Police Commissioner, Kochi.
f. The petitioners/accused shall not leave the territorial limits of the City Police Commissioner, Kochi, except to attend the court of CJM, Kollam or the Sessions Court, Kollam as the case may be.
g. The accused shall not commit any offence and shall not directly or indirectly make any inducement, B.A. No.3517 of 2012 -: 6 :- threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
h. The sureties also shall not leave the State of Kerala without permission of the court.
i. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc. j. Petitioners shall make themselves available as and when required by the City Police Commissioner, Kochi. If petitioners have mobile phones, they will furnish the numbers to the City Police Commissioner, Kochi.
k. The respondents by way of abundant caution can/will inform the Sea Port/Air Port or other authorities to prevent the accused persons leaving this country.
8. It is made clear that the petitioners shall be released from jail only on production of the valid travel documents/Visa having been endorsed on the passports by B.A. No.3517 of 2012 -: 7 :- the Foreigners Regional Registration Officer or the Foreigner's Registration Officer concerned. The Superintendent of Jail will ensure the same after perusal of the documents so produced.
9. The learned Sessions Judge, Kollam will try and dispose of the case as expeditiously as possible.
N.K.BALAKRISHNAN, JUDGE.
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