IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 Bail Appl..No. 1910 of 2008() ----------------------------- CMP.938/2008 of J.M.F.C.-I, ALUVA CRIME NO.119/08 OF CHENGAMANAD P.S. .................... : PETITIONER/ACCUSED NO.1 TO 3 --------------------------------------------- 1. MOHAMMED RAHIM @ ANTONI LOPEZ JUAN, AGED 42 YEARS, S/O.MUHAMMED OSAM, CODEIKEL, R.NO.88, KABUL, AFGHANISTAN 2. PARDES @ JAVIER SANCHEZ ALBERTO, S/O.PARDES MIRSED JAN, AGED 18 YEARS, STREET NO.4, ARSANKIMATH, KABUL, AFGHANISTAN. 3. NAVEEN @ ANTONI LOPEZ ERNESTO, S/O.KHANULLAM, AGED 16 YEARS, STREET NO.2, KARPELLAM, KABOOL, AFGHANISTAN. BY ADV. SRI. T.K.KUNHABDULLAH RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, CRIME DEPARTMENT, ALUVA THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1910 of 2008 ------------------------------------- Dated this the 26th day of March, 2008 ORDER Application for regular bail. Petitioners face allegations under the Passports Act and Sections 468 and 471 I.P.C. The crux of the allegations against the petitioners is that they had forged passports. They are foreign nationals. They had come to India and had flown out of India to Kuwait using the forged passport. The offence was detected and they were sent back to India. They have been arrested here in India and they continue in custody from 13.02.08. Investigation is in progress. 2. The learned counsel for the petitioners submits that the petitioners are innocent. He prays that they may now be enlarged on bail. The learned Public prosecutor opposes the application. The learned Public Prosecutor submits that the investigator needs some further time to take specific and definite stand in the matter. The investigator needs time to verify the antecedents of the petitioners and their involvement, if any, in anti national terrorist or nefarious activities. At the moment it is evident that they were traveling with forged passports impersonating them to be some others. The motivations have to be verified and ascertained. The petitioners may not be enlarged on bail at this early stage. Investigators in a case like this may be B.A.No.1910 of 2008 2 given reasonable further time to complete the investigation, submits the learned Public Prosecutor. 3. I find merit in the opposition by the learned Public Prosecutor. It is too early, I am satisfied, to direct release of the petitionerS on bail. 4. This bail application is accordingly dismissed. I may however hasten to observe that the petitioners shall be at liberty to move this Court for bail again at a later stage of investigation, not at any rate prior to 09.04.08. Investigators must make every endeavour to the complete the investigation by then. 5. The learned counsel for the petitioners submits that the 2nd and 3rd petitioners are children, they having not completed the age of 18 years. The learned Public Prosecutor on the other hand asserts that according to the prosecution, they are not children and had already attained the age of 18 years. No material whatsoever is placed before this Court to resolve this controversy. I need only observe that the petitioners can bring this contention to the notice of the learned Magistrate, who must, if satisfied, take appropriate steps under the Juvenile Justice Care and Protection Act. (R.BASANT, JUDGE) rtr/- B.A.No.1910 of 2008 3