IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 8TH MAY 2009 / 18TH VAISAKHA 1931 Bail Appl..No. 2314 of 2009 ----------------------------- (CRIME No. 692 OF NEDUMBASSERY POLICE STATION) .................... PETITIONER/ACCUSED: -------------------------- SIRAJUDHEEN, AGED 31, S/O.ABOOBACKER, PUTHENKANDATHU VEEDU, PATHIYANKARA KARA, THRIKKUNNAPPUZHA VILLAGE, ALAPPUZHA. BY ADV. SRI.K.SHIBILI NAHA SMT.A.LOWSY RESPONDENT/COMPLAINANT: -------------------------------- S.I. OF POLICE, NEDUMBASSERY, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.C.M. NAZAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. ------------------------------------------- B.A.No.2314 of 2009 ------------------------------------------ Dated, this the 8th day of May, 2009 ORDER This is an application filed under Section 439 of the Code of Criminal Procedure. Petitioner is the accused in Crime No.692 of 2009 of Nedumbassery Police Station alleging commission of offences punishable under 419, 468 and 471 of the Indian Penal Code and Section 12(1)(b) and (d) of the Passport Act, 1967. 2. The allegation against the petitioner is that suppressing the issuance of an earlier passport, he obtained a second passport and used the same for travel. He was intercepted by the Emigration authorities on his arrival at Nedumbassery Airport and was then handed over to the Nedumbassery Police on 7.4.2009. On 8.4.2009 he was produced before the Judicial First Class Magistrate-II, Aluva and he has been in judicial custody since then and his application for bail was subsequently dismissed. 3. Petitioner's application for bail moved before the learned Sessions Judge, Ernakulam was also subsequently B.A.No.2314 of 2009 2 dismissed as per Annexure B order dated 22.4.2009. It was in the above circumstances that he approached this Court with this petition. 4. I have heard learned counsel for the petitioner as also the learned Public Prosecutor. 5. The petitioner has been in judicial custody since 8.4.2009. Petitioner has brought to my notice a decision of this Court reported in Oommen Koshy v. State of Kerala (1989 (2) KLT 384. He has placed reliance on the said decision to canvass the point that in the facts and circumstances of the case he can be prosecuted, at the most, only under Section 12 of the Passport Act. That was a case where Section 420 of the Code of Criminal Procedure was also considered. 6. As stated earlier, the petitioner has been in judicial custody since 8.4.2009 and prompt actions have already been initiated by the authorities to impound his illegally obtained passport. Therefore, I think, without prejudice to the prospects of the investigation, the petitioner can be enlarged on bail with stringent conditions. 7. Accordingly this application is allowed subject to B.A.No.2314 of 2009 3 the following conditions: i) Petitioner shall be released on bail on his executing a bond for Rs.50000/- with two solvent sureties for the like sum each to the satisfaction of the Judicial I Class Magistrate-II, Aluva. ii) Petitioner shall report before the investigating officer as and when his presence is required by him. iii) Petitioner shall not tamper with or attempt to tamper with evidence or intimidate or influence or attempt to intimidate or influence the witnesses. C.T.RAVIKUMAR, JUDGE vns