IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4106 of 2009()
1. SANJU MUHAMMEDALI, AGED 39 YEARS
... Petitioner
Vs
1. CIRCLE INSPECTOR OF POLICE,
... Respondent
For Petitioner :SRI.C.D.JOHNY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :27/07/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 4106 OF 2009
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Dated this the 27th July, 2009
O R D E R
This is an application for bail under Section 439 of the Code of
Criminal Procedure. The petitioner is accused No.1 in Crime
No.984 of 2009 of Kalamassery Police Station.
2. The offences alleged against the petitioner and the other
accused persons are under Sections 471 and 468 of the Indian
Penal Code and Section 12(1)(b) of the Passport Act.
3. On 30.6.2009, the police checked the vehicle in which the
petitioner was travelling. The police found two passports with the
petitioner. One was the original passport and the other was the one
obtained by the petitioner giving false address. The other accused
persons in the case are persons who arranged for procurement of
the second passport. The petitioner was arrested on 30.6.2009 and
he was remanded to judicial custody.
B.A. NO. 4106 OF 2009
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4. The investigation is in progress. Many of the accused
persons are not arrested so far. Learned Public Prosecutor
submitted that the petitioner is involved in two other cases. One
case is registered by the Koratty Police Station in which offence
under Section 395 is alleged against the petitioner. The other case
in which the petitioner is involved is the one registered by Aluva
Police Station, in which the offences include an offence under
Section 308 of the Indian Penal Code and an offence under the Arms
Act.
5. Two passports were found from the petitioner. One is the
original passport and the other is the fake passport. There are many
cases in which persons get more than one passport showing
different address. There are agents for procuring more than one
passport in favour of the same person. The activities of such people
are to be curbed. Such cases cannot be dealt with in a casual
manner. It affects the security of the nation and the security of the
people at large. The contention of the petitioner is that as the
offence under Section 12(1)(b) of the Passport Act is bailable, the
matter should be dealt with in a liberal manner. I am not inclined to
accept this contention. It cannot be ignored that serious non-bailable
B.A. NO. 4106 OF 2009
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offences are also involved in the case. The investigation of the case
is not completed. If the petitioner is released on bail, it would affect
the smooth and proper investigation of the case. The apprehension
voiced by the learned Public Prosecutor that if the petitioner is
released on bail, it is most likely that he may try to influence or
intimidate the witnesses, deserves acceptance.
For the aforesaid reasons, I am of the view that the petitioner
cannot be released on bail at this stage. The Bail Application is
accordingly dismissed.
(K.T.SANKARAN)
Judge
ahz/