IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 8737 of 2011() ---------------------------------------- CRIME NO.238/2011 OF NEDUMBASSERY POLICE STATION, ERNAKULAM DIST. .................... PETITIONER/ACCUSED ---------------------------------- FATHIMA, AGED 47 YEARS, W/O.CHERIYAMUNNI, PATTAMMARU VALAPPIL VEEDU, TAVANUR VILLAGE, PONNANI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.T.H.ABDUL AZEEZ, SRI.P.M. ABDUL JALEEL. RESPONDENT(S): ------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, NEDUMBASSERY POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.S. HYMA. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs P.S.GOPINATHAN, J ---------------------------------- B.A.No.8737 of 2011 ------------------------------------ Dated this the 25th day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the 2nd accused in Crime No.238/2011 of Nedumbassery Police Station for offences punishable under Sections 468 and 471of I.P.C and Section 12(1), (b), (d) of the Passport Act. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition is filed seeking an order directing the respondent to release the petitioner on bail in the event of arrest with a plea that she is innocent of the allegations. 2. Having heard either side, I find that the case is relating to the forgery of the passport, using which, the petitioner had travelled abroad. The prosecution requests for custodial interrogation. In the above circumstance, having due regard to the nature of the allegations, though, the petitioner had furnished the name of the travel agency, which arranged the passport to the Investigating Officer as per the orders of this Court, the request of the Investigating Officer for interrogating the petitioner cannot be declined. In the result, this petition is disposed of with direction to the petitioner to surrender before the Investigating Officer. The Investigating Officer after interrogation shall release the petitioner B.A.No.8737 of 2011 2 on bail on executing a bond for Rs.20,000/- with two solvent sureties each for like amount to the satisfaction of the Investigating Officer subject to the following conditions: 1) The petitioner shall report before the Investigating Officer as and when required. 2) Petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any Police officer. 3) This order shall be in force for a period of one month, within which period the petitioner shall apply for regular bail, failing which the Investigating Officer shall arrest the petitioner and produce her before the Magistrate concerned. P.S.GOPINATHAN, JUDGE su