IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5169 of 2009()
1. ABDUL RAHMAN, S/O. MOHAMMED VELUTHEDATH,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :10/09/2009
O R D E R
K.T. SANKARAN, J.
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B.A. Nos.5169, 5220, 5071,
5257 & 5167 of 2009
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Dated this the 10th day of September, 2009
O R D E R
All these Bail Applications are filed by different accused in
crime No.338/2009 of Varandarappilly Police Station, Thrissur. All
these Bail Applications are being disposed of by this common
order.
2. Accused Nos.5 and 1 are respectively the first
petitioner and and the second petitioner in B.A. No.5220/2009.
The second accused has filed B.A. No.5257/2009. The third
accused is the petitioner in B.A. No.5169/2009. In B.A.
No.5167/2009, the fourth accused is the petitioner. Accused No.6
has filed B.A. No.5071/2009 for anticipatory bail under
Section 438 of the Code of Criminal Procedure. Except the sixth
accused, all other accused persons were arrested on different
dates and all of them have filed applications under Section 439 of
the Code of Criminal Procedure.
3. The Sub Inspector of Police, Varandarappilly got
information that forged B.Com degree certificates are kept in the
B.A. Nos. 5169/2009 and connected cases
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house of the first accused, Biju Kunnel and a search was
conducted in his house on 13/8/2009. A forged degree certificate
in the name Hostin K.J. was found in the house of the first
accused. On further investigation, it was revealed that Biju
Kunnel sought the help of Khalid, the second accused, who in
turn sought the help of Abdul Rahiman, the third accused, to get
the forged degree certificate. Abdul Rahiman is working in Akbar
Travels, Koottanad. Investigation reveals that Abdul Rahiman
contacted Akbar, the fourth accused, who runs Dubai Travels at
Exanhipalam, Calicut. Akbar in turn contacted Abdul Majeed,
who was employed in Mohar Travels, YMCA Cross Road, Calicut.
Abdul Majeed approached his employer P.A. Abdul Rasheed, the
sixth accused. The sixth accused provided the forged degree
certificate, which by change of hands, reached the first accused
Biju Kunnel. It has come out in the investigation that Abdul
Rasheed had forged degree certificates of Calicut University at
the request of several other persons. Hostin K.J is working
abroad. He has not acquired B.Com Degree. Degree certificate is
forged in order to facilitate Hostin K.J. to get a better
B.A. Nos. 5169/2009 and connected cases
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employment abroad. It would appear that the accused persons
stipulated a condition that the forged degree certificate would be
used only outside India.
4. The investigation reveals the complicity of several
persons hailing from Varandarappilly in Thrissur district to
Calicut. The accused persons have their places of work in Thrissur
district, Palakkad district, Malappuram district and Kozhikode
district. There is a racket, according to the prosecution, for
making available forged degree certificates of Calicut University.
The allegations are serious. The investigation is at the initial
stage. The sixth accused is not arrested so far. His prayer is to
grant anticipatory bail.
5. Accused Nos.1, 2 and 3 were arrested on 13/8/2009
while accused Nos. 4 and 5 were arrested on 14/8/2009. They
are in Judicial custody since then.
6. In the nature of the allegations made against the
accused persons and taking into account the gravity of the
offence and other circumstances of the case, I am not inclined to
grant bail to accused Nos.1 to 5. That they are in judicial custody
B.A. Nos. 5169/2009 and connected cases
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for about a month is not at all a reason for granting bail at this
stage. The investigation has revealed that all the accused persons
have their own share of money in the whole transaction. If the
accused nos. 1 to 5 are granted bail, it would seriously affect the
proper investigation of the case. It is also most likely that they
may tamper with the evidence or intimidate or influence the
witnesses. Accordingly, the Bail applications filed by accused
Nos. 1 to 5 are dismissed.
7. Prayer for anticipatory bail made by the sixth accused
is liable to be rejected. He is the kingpin of the whole episode.
He is not making himself available. He has gone underground. In
the facts and circumstances of the case, the sixth accused is not
entitled to any discretionary relief under Section 438 of the Code
of Criminal Procedure. Accordingly, Bail application No.5071/2009
filed by the sixth accused is also dismissed.
For the reasons stated above, all the Bail Applications are
dismissed.
K.T. SANKARAN, JUDGE
scm