IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 Bail Appl..No. 4106 of 2009 CRIME NO.984 OF 2009 OF KALAMASSERY POLICE STATION CMP.1781/2009 of J.M.F.C.-II, ALUVA .................... PETITIONER: ACCUSED NO.1: -------------------- SANJU MUHAMMEDALI, AGED 39, S/O. MUHAMMEDALI, FLAT NO.A2, 2ND FLOOR PLATINUM FLATS, PALACHUVADU, KAKKANAD. BY ADV. SRI.C.D.JOHNY SRI.P.SHAIJAN JOSEPH RESPONDENT: COMPLAINANT: --------------- CIRCLE INSPECTOR OF POLICE, KALAMASSERY POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4106 OF 2009 ------------------------------------------------------ Dated this the 27th July, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.984 of 2009 of Kalamassery Police Station. 2. The offences alleged against the petitioner and the other accused persons are under Sections 471 and 468 of the Indian Penal Code and Section 12(1)(b) of the Passport Act. 3. On 30.6.2009, the police checked the vehicle in which the petitioner was travelling. The police found two passports with the petitioner. One was the original passport and the other was the one obtained by the petitioner giving false address. The other accused persons in the case are persons who arranged for procurement of the second passport. The petitioner was arrested on 30.6.2009 and he was remanded to judicial custody. B.A. NO. 4106 OF 2009 :: 2 :: 4. The investigation is in progress. Many of the accused persons are not arrested so far. Learned Public Prosecutor submitted that the petitioner is involved in two other cases. One case is registered by the Koratty Police Station in which offence under Section 395 is alleged against the petitioner. The other case in which the petitioner is involved is the one registered by Aluva Police Station, in which the offences include an offence under Section 308 of the Indian Penal Code and an offence under the Arms Act. 5. Two passports were found from the petitioner. One is the original passport and the other is the fake passport. There are many cases in which persons get more than one passport showing different address. There are agents for procuring more than one passport in favour of the same person. The activities of such people are to be curbed. Such cases cannot be dealt with in a casual manner. It affects the security of the nation and the security of the people at large. The contention of the petitioner is that as the offence under Section 12(1)(b) of the Passport Act is bailable, the matter should be dealt with in a liberal manner. I am not inclined to accept this contention. It cannot be ignored that serious non-bailable B.A. NO. 4106 OF 2009 :: 3 :: offences are also involved in the case. The investigation of the case is not completed. If the petitioner is released on bail, it would affect the smooth and proper investigation of the case. The apprehension voiced by the learned Public Prosecutor that if the petitioner is released on bail, it is most likely that he may try to influence or intimidate the witnesses, deserves acceptance. For the aforesaid reasons, I am of the view that the petitioner cannot be released on bail at this stage. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/