IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 Bail Appl..No. 6965 of 2011() ----------------------------- (CRIME NO.1196/2011 OF ATTINGAL POLICE STATION) (S): PETITIONER/ACCUSED -------------------------------------- ABDUL RAZAK, S/O. MUHAMMED HANEEFA, PARAPALLY VEEDU, MUDAPURAM, CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.LIJU. M.P RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, ATTINGAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR S.HYMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/11/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J ------------------------------------ B.A.No.6965 of 2011 -------------------------------------------- Dated this the 14th day of November, 2011 ORDER Petition is filed u/s.438 of the Code of Crl. Procedure. Petitioner is the accused in Crime No.1196/2011 of Attingal Police Station for offence under Sections 465 and 468 r/w Section 34 of IPC and Section 12(1)(c) of the Indian Passport Act. Apprehending, arrest, detention and torture at the hands of the investigating officer, the petitioner seeks an order directing the respondent to release the petitioner on bail in the event of arrest. 2. The learned Govt. Pleader after taking instruction submitted that the petitioner along with another, who is an accused in Crime No.702/2011 forged passports and sent certain persons abroad with the aid of forged passport. In the above circumstance, I find that this is not a fit case to invoke the jurisdiction u/s.438 of the Code of Crl. Procedure. Therefore, this petition is dismissed with liberty to apply for regular bail. The trial Magistrate before whom the petitioner applies for bail shall dispose the same without any delay provided sufficient notice is given to the Asst. Public Prosecutor. P.S.GOPINATHAN,JUDGE pm