IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 275 of 2010()
1. MOHAMMED NISHAD, AGED 20 YEARS,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.C.V.MANUVILSAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :04/03/2010
O R D E R
K.T.SANKARAN, J.
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B.A.No.275 of 2010
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Dated this the 4th day of March, 2010
O R D E R
This is an application for anticipatory bail under Section
438 of the Code of Criminal Procedure. The petitioner is accused
No.1 in Cr.No.9 of 2010 of Changaramkulam Police Station.
2. The offences alleged against the petitioner are under
Sections 468 and 471 of the Indian Penal Code and Section 12(b)
of the Passport Act.
3. The prosecution case is that the accused persons,
three in number, forged a birth certificate as if it was issued by
Nannammukku Grama Panchayath in favour of the first accused
and it was produced before the passport office, Malappuram in
order to get a passport for the first accused. The first accused
obtained the passport. The passport office verified the
correctness and genuineness of the birth certificate with
Nannammukku Grama Panchayath. The Panchayath reported
that they had not issued any such certificate.
4. The petitioner states that he is a college student and
that he wanted to go abroad. It is also stated that after the crime
BA No.275/2010 2
was detected, he surrendered the passport. Both these aspects
are not grounds for granting anticipatory bail. The offences
alleged against the accused are serious in nature. Custodial
interrogation may be required in the case. In the facts and
circumstances of the case, I am of the view that the petitioner is
not entitled to get the discretionary relief under Section 438 of
the Code of Criminal Procedure.
The Bail Application is accordingly dismissed.
K.T.SANKARAN,
JUDGE
csl