IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 Bail Appl..No. 1847 of 2008() ----------------------------- CRIME NO.77/08 OF CHANDERA POLICE STATION PETITIONER --------------------------- KIZHAKKEPURAYIL KAMARUDDEEN, S/O.AHAMMED, PUNATHIL, UDUMPUMTHALA, THEKKE TRIKARPUR, KASARAGOD DISTRICT. BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR RESPONDENTS: ------------- THE SUB INSPECTOR OF POLICE, CHANDERA POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1847 of 2008 ------------------------------------------------- Dated this the 27th day of March, 2008 ORDER Application for anticipatory bail. The petitioner faces allegations in a crime registered alleging offences punishable, inter alia, under Secs.468 and 471 of the IPC. The crux of the allegations against the petitioner is that the petitioner manufactured a false certificate purportedly issued by a Muslim Juma-Ath Committee and produced the same in order to secure for himself a bride. The certificate allegedly contained false information that it was his first marriage. The certificate allegedly was not issued by the Juma-Ath Committee. The certificate allegedly is prepared on a forged letter head of the Juma-Ath Committee. More importantly it bears a seal which is not that of the Juma-Ath Committee. A crime has been registered. Investigation is in progress. In the B.A. No. 1847 of 2008 -: 2 :- course of investigation, the seal which is affixed on the forged certificate was allegedly recovered from the residential premises of the petitioner. The forged certificate is hand written. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He had got married to his bride not in accordance with the provisions of the Muslim Personal Law; but in accordance with the provisions of the Special Marriage Act. For such marriage, the certificate of the Juma-Ath Committee is irrelevant. In these circumstances, the petitioner had no need whatsoever to manufacture a forged certificate of the Juma-Ath Committee. It is, in these circumstances, prayed that the petitioner may be granted anticipatory bail. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the investigation conducted so far clearly point to the complicity of the petitioner. The recovery of the forged seal from the residential premises of the petitioner is a strong indication of culpability of the petitioner. The petitioner has to be arrested and interrogated. It will have to be ascertained from him as to who had written the B.A. No. 1847 of 2008 -: 3 :- certificate. It will have to be ascertained ,after interrogation of the petitioner, as to where the forged seal was got prepared. In any event, there are no circumstances whatsoever justifying or warranting the invocation of the extraordinary equitable discretion under Sec.438 of the Cr.P.C. The fact that the marriage took place under the Special Marriage Act is irrelevant as it appears to be the common case that it was an arranged marriage and the bona fides of the petitioner must have been ascertained by the prospective bride and her relatives by looking at the forged certificate. I shall not embark on any more detailed discussions on merits about the acceptability of the allegations or the credibility of the data collected. Suffice it to say that I find merit in the opposition by the learned Public Prosecutor. I find no features in this case which can justify or warrant the invocation of the jurisdiction under Sec.438 of the Cr.P.C. This, I am satisfied, is a fit case where the petitioner must surrender before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail in the normal course. 4. In the result, this bail application is dismissed; but with the observation that if the petitioner surrenders before the Investigating Officer or the learned Magistrate and seeks bail, B.A. No. 1847 of 2008 -: 4 :- after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits and expeditiously. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge