IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4061 of 2008()
1. KUNJUMOIDU, AGED 82,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY THE
... Respondent
2. THE C.I OF POLICE, KOTHAMANGALAM
3. THE S.I OF POLICE,
For Petitioner :DR.K.B.SURESH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :25/06/2008
O R D E R
K.HEMA, J.
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B.A.No. 4061 of 2008
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Dated this the 25th day of June, 2008
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 466, 468 and 471
of the Indian Penal Code and 12(b) the Passport Act, 1967.
According to prosecution, various documents were forged by the
accused to obtain a fake passport and the petitioner is the third
accused in the crime. The offences were allegedly committed in
1993.
3. Learned counsel for petitioner submitted that the petitioner
is aged 82 years and he is sick and he has lot of physical problems,
including cancer. He had also undergone a recent surgery. He also
submitted that the petitioner is totally innocent of the allegations
made, as revealed from Annexures A1 to A5 produced. Though the
alleged offence took place about 15 years back, police is seeking to
arrest the petitioner only now.
4. Learned Public Prosecutor submitted that accused 1 and 2
were arrested and released on bail and accused No.4 was arrested,
but he was hospitalised. An attempt was made to arrest the
BA.4061/08 2
petitioner, but because of his ailment and physical condition, he
could not be arrested, it is submitted.
5. In the above circumstances, I find that the petitioner can be
granted anticipatory bail, taking into consideration the physical
condition of the petitioner.
Hence, the following order is passed:
In the event of arrest, the petitioner shall be
released on bail on his executing a bond for
Rs.50,000/- with two solvent sureties each for the
like sum to the satisfaction of the arresting officer,
on condition that he will co-operate with the
investigation.
This petition is allowed.
K.HEMA, JUDGE
vgs.