1 sns IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION ANTICIPATORY BAIL APPLICATION NO.603 OF 2011 Qais Mohd. Ismail Ansari ...Applicant. v/s The State ...Respondent. Mr. B.B.Tiwari i/by Jamal Khan ,advs. For the Applicant. Mr. Y.M.Nakhwa , APP For the Respondent/State. CORAM : J.H. BHATIA,J. DATED : AUGUST 30,2011. P.C. 1 Heard. 2 Applicant seeks anticipatory bail in crime no.357 of 2010 registered at Worli Police Station for the offences punishable under Sections 465, 467, 468, 472 of the I.P.C. alongwith Section 12(1)(b) of the Passport Act. 3 Prosecution case in brief is that the applicant had obtained passport of his daughter Afaf Ansari from the Consulate General of India at Jeddah in 1996 on birth certificate showing that she was born at Jeddah on 9th February, 1996. In 2002, the applicant shifted to India alongwith his family members and thereafter, without disclosing that he had already obtained passport of his daughter from 2 the Consulate General of India at Jeddah, he secured second passport on 7th October, 2003 showing the place of her birth as Mumbai. Thereafter, he filed application for third passport in 2009, wherein he disclosed place of birth of daughter as Jeddah. At that time, passport authorities noted inconsistencies and, therefore, the offence came to be registered against him. 4 It appears that the daughter of the applicant was born at Jeddah. At the time of obtaining first passport at Jeddah and again while applying for 3rd passport at Bombay, place of birth was shown as Jeddah. However, at the time of obtaining second passport, her place of birth was shown as Bombay, which was wrong and, therefore, the offence was registered. The learned APP, on instructions, makes a statement that as per the record, she had never travelled on the basis of 2nd passport. Taking into consideration the facts and circumstances, even though prima-facie, the accused had committed offence, custodial interrogation will not be required. 3 5 In the event of arrest in crime no. 357 of 2010 registered at Worli Police Station for the offences punishable under Sections 465, 467, 468, 472,420 of the I.P.C. alongwith Section 12(1) (b) of the Passport Act, applicant be released on his executing PR of Rs.15,000/- with surety in the like amount with condition that he shall make himself available before the police as and when required for the purpose of interrogation/investigation and shall not tamper with the prosecution evidence. He shall not misuse the bail. 6 Application stands disposed off. (J.H. BHATIA,J.)