IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 Bail Appl..No. 6294 of 2011() ----------------------------- AGAINST THE ORDER IN BA.7973/2010 Dated 21/12/2010 (Crime No.767 of 2010 of Eravipuram Police Station, Kollam District.) .................... PETITIONER/ACCUSED -------------------------------------- BENEDICT FERNANDEZ, AGED 51 YEARS, S/O.ANTONY, ST.MARY'S LAND, KULANGARA VEEDU, MURUKKUMPUZHA, VEILOOR VILLAGE, THIRUVANANTHAPURAM BY ADV. SRI.M.DINESH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY DEPUTY SUPERINTENDENT OF POLICE, SPECIAL BRANCH, PASSPORT CELL, KOLLAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A. No.6294 OF 2011 --------------------------------- Dated this the 17th day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is accused No.1 in Crime No.767 of 2010 of Eravipuram Police Station, Kollam District. 2. The offences alleged against the petitioner are under Sections 465, 468, 471 and 120-B of the Indian Penal Code and Section 12(1)(a) of the Indian Passport Act. 3. The prosecution case is the following: One Johnson, son of Thomas applied for Indian Passport under the Tatkal Scheme. The Passport was issued. The petitioner received the Passport. Later, on verification, it was found that the Secondary School Leaving Certificate, Electoral Identity Card, driving licence and OBC Certificate produced along with the application were forged B.A. No.6294 OF 2011 2 documents. The crime was accordingly registered. During investigation, Johnson, son of Thomas could not be found out. The police issued a look out notice with the photograph. It was revealed during investigation that the person shown in the photograph is not Johnson, son of Thomas, but Benedict Fernandez, the petitioner herein. The petitioner apprehends arrest. 4. The allegations levelled against the petitioner are serious in nature. In the facts and circumstances of the case, I do not think that the petitioner is entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. The matter requires investigation. If anticipatory bail is granted to the petitioner, it would adversely affect the proper and smooth investigation of the case. For the aforesaid reason, the Bail Application is dismissed. K.T.SANKARAN, JUDGE. cms