A Mumbai court has granted bail to three individuals who were detained by Mumbai police earlier this month for allegedly entering India unlawfully on a boat from Kuwait. The court`s decision was based on the absence of substantial evidence linking them to any criminal activity apart from allegedly leaving with a fishing boat without the owner`s consent.

As no incriminating “angle” was found in the case except that they allegedly fled with a fishing boat without the permission of its owner, it would not be just to keep them behind bars, said additional chief metropolitan magistrate (Esplanade court) Pravin Modi, newswire PTI reported.

Accused Nitso Ditto (31), Vijay Vinay Anthony (29) and J Sahayatta Anish (29) contended that they were fishermen from Tamil Nadu who had gone to Kuwait for jobs, but had to escape as they were ill-treated by their employer.

They were tortured, assaulted with rods and other weapons, and the employer took away their passports, said their bail applications filed through advocate Sunil Pandey.

Mumbai police arrested them on February 7 for no reason when they reached the city`s coast, they claimed.

Police opposed the bail applications, stating that information about their actions while in Kuwait was yet to be received from the embassy of that country.

“If they are enlarged on bail, there is a possibility that they may abscond,” the police said in their reply, adding that the accused entered the Indian waters in an unauthorized manner without valid travel documents and passports which could be “dangerous to the sovereignty, integrity and national security of the country.”

The accused confessed during investigation that they crossed the borders of six countries and had good knowledge of GPS trackers. The investigation of the offence is in progress, the police said.

The judge, however, noted that not just police but multiple agencies carried out probe in the case. The Kuwait-based owner of the boat `Abdullah` in which the accused travelled told Indian agencies that they took out his boat on the pretext of fishing. The Indian Embassy also sent a copy of the license of the vessel to the investigating agencies here.

“Therefore, it appears that during the course of police custody remand, the investigation of their act from various angles is done not only by the Investigating Officer but also by other investigating agencies. The investigation agency is not alleging that there is any other angle to their act. They came to India with the fishing vessel of the person resident of Kuwait without his permission,” the court said.

From the documents submitted by the accused, they appear to be from Tamil Nadu, having families in India, it noted.

“The investigation will take time. Therefore, when the material part of investigation is carried out and there appears no other angle to the offence, it is not just and proper to keep them behind the bar. They are ready to abide by any terms and conditions,” the court added, granting bail on personal bonds of Rs one lakh each.

They can be provisionally released on cash bail of Rs 1 lakh each for one month until they submit the bonds, the judge said. (With inputs from PTI)

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