IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 Bail Appl..No. 8123 of 2007() ----------------------------- CRIME 634/07 OF NEDUMANGAD POLICE STATION PETITIONERS/ACCUSED. ------------------------------------- LAILA, D/O. PATHUMMA, HASEENA MANZIL, ALAKADA, VENJARANMOODU, THIRUVANANTHAPURAM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENTS: COMPLAINANT. ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.1.08, THE COURT ON 15/01/2008 PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 8123 OF 2007 C ```````````````````````````````````````````````````` Dated this the 15th day of January, 2008 O R D E R Application for anticipatory bail. Petitioner faces allegations in a crime registered for an offence punishable under Section 12(b) of the Passport Act. The crux of the allegations against the petitioner is that the petitioner had an earlier passport issued in her name. She had gone abroad using the said passport. She had returned to India. She, for obscure reasons, wanted to keep a fresh passport. She, therefore, applied for a fresh passport not in her name as Laila but in the name of her sister Junaida Beevi. The petitioner affixed her photograph and applied for passport but gave all other details relating to the said Junaida Beevi. The Special Branch, in the course of verification, identified the culpable indiscretion. Crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. BA.8123/07 : 2 : 2. The learned counsel for the petitioner submits that the petitioner is an innocent housemaid and she had not deliberately committed any offence. In these circumstances, anticipatory bail may be granted to the petitioner, it is prayed. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the petitioner deserves to be interrogated. She may be directed to surrender and seek regular bail, submits the learned Public Prosecutor. 4. I have considered all the relevant inputs. Case diary has been perused by me. I find merit in the opposition of the learned Public Prosecutor. The allegation that the petitioner had willfully applied for a passport describing herself to be Junaida Beevi appears to be well founded. In any view of the matter, I am satisfied that the petitioner does not deserve to be granted anticipatory bail in a case like this. This, I agree with the learned Public Prosecutor, is a fit case where the petitioner must appear before the investigating BA.8123/07 : 3 : officer or the learned Magistrate having jurisdiction and then seek regular bail in the normal and ordinary course. 5. In the result, this petition is dismissed. Needless to say, if the petitioner surrenders before the investigating officer or the learned Magistrate and applies for bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits, in accordance with law and expeditiously. (R.BASANT, JUDGE) aks