IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 Bail Appl..No. 7804 of 2009 CRIME NO.338 OF 2009 OF VARANTHARAPPALLY POLICE STATION PETITIONER/ACCUSED NO.6 ------------------------------------------- ABDUL RASHEED, S/O. ABDUL KHADER, AGED 52 YEARS, RESIDING AT MUNDIPALAJINKAL HOUSE, PUNJARINGAL, PARAPANANGADI P.O., MALAPPURAM DIST. BY ADV. SRI.P.M.ZIRAJ RESPONDENT: --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, REP. BY CIRCLE INSPECTOR OF POLICE, VARANTHARAPPALLY POLICE STATION, THRISSUR DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7804 OF 2009 ------------------------------------------------------ Dated this the 5th day of January, 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.6 in Crime No.338 of 2009 of Varantharappally Police Station. 2. The offences alleged against the petitioner and the other accused are under Sections 420, 465, 471, 474, 475 and 476 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the accused persons in the case, six in number, were engaged in forging degree certificates of Calicut University and in distributing the same to several persons to facilitate them to go abroad and to seek other avenues. All the other accused were arrested. Still, the petitioner could not be arrested as he was absconding. The petitioner moved an application for anticipatory bail, which was dismissed by this Court. Only thereafter, the petitioner was arrested on 9.12.2009. The petitioner is in judicial custody since 9.12.2009. B.A. NO. 7804 OF 2009 :: 2 :: 4. Learned Public Prosecutor very vehemently opposed the application for bail. It is submitted that the petitioner is involved in two other cases of similar nature and that those cases are pending as C.C.Nos.3106 of 2006 and 144 of 2007, on the file of the Court of the Judicial Magistrate of the First Class I, Kozhikode. The trial in those cases is going on, submits the learned Public Prosecutor. If the petitioner is released on bail, there is every likelihood of the petitioner absconding, which would not only affect the investigation of the present case, but also it would affect the trial of the other cases. 5. It is submitted by the learned counsel for the petitioner that the petitioner was released on bail in C.C.No.3106 of 2006 and 144 of 2007 referred to above and, therefore, there is no reason to detain him in the present case on account of the pendency of those two cases. It is to be noted that in spite of the fact that the petitioner was granted bail in those cases, the allegation is that he was indulging in similar activities even thereafter. Therefore, the apprehension voiced by the learned Public Prosecutor that if the petitioner is released on bail, the petitioner would indulge in similar illegal activities cannot be brushed aside as irrelevant. The allegations levelled against the B.A. NO. 7804 OF 2009 :: 3 :: petitioner are grave in nature. It would affect the functioning of the University as well as future of several persons. For the aforesaid reasons, I am not inclined to grant bail to the petitioner at this stage. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/