High Court Kerala High Court

Kamarudheen Puthiyandi vs State Of Kerala on 29 June, 2010

Kerala High Court
Kamarudheen Puthiyandi vs State Of Kerala on 29 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3570 of 2010()


1. KAMARUDHEEN PUTHIYANDI,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.SUNIL NAIR PALAKKAT

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :29/06/2010

 O R D E R
                              K.HEMA, J.
            ----------------------------------------------
                Bail Application No.3570 of 2010
            ----------------------------------------------
                      Dated 29th June, 2010.

                               O R D E R

This petition is for anticipatory bail.

2. The alleged offences are under Sections 417, 468

and 471 of the Indian Penal Code. According to prosecution, a

passport was issued to petitioner, where there was no

endorsement in respect of immigration clearance. Such

endorsement (in respect of immigration clearance) will be given

only if the person passes SSLC. Petitioner had not passed SSLC to

get the clearance. But his passport was submitted along with a

forged relevant page of SSLC book for getting such clearance.

The document was sent to the school for confirmation and it was

found that the document was forged.

3. Learned counsel for petitioner submitted that

petitioner is innocent of the allegations made. He only gave the

passport to the travel agency and he is not aware of any forgery

committed. It is also pointed out that the same allegations would

constitute offences under the Passport Act, which are bailable.

But, now the crime is registered under various offences under the

BA NO. 3570/10 2

Indian Penal Code, which are non-bailable.

4. This petition is opposed. Learned Public Prosecutor

submitted that petitioner’s interrogation is necessary to find out

the details and the manner in which the forgery is committed. It

was for the benefit of petitioner that an endorsement of clearance

is sought to be procured by producing a forged document.

Petitioner cannot wriggle out of the responsibility stating that

travel agents have committed some forgery etc.

5. On hearing both sides, I find that there is an

allegation of forgery committed by petitioner for the purpose of

procuring the relevant endorsement in the passport. In order to

ascertain the manner in which the offence is committed,

petitioner’s interrogation will be necessary. Hence, this is not a fit

case to grant anticipatory bail. Even if some bailable offences

under the Passport Act are involved, that is not a reason to say

that offence of forgery is not prima facie involved in this case.

Petition is dismissed.

K.HEMA, JUDGE.

tgs