IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 Bail Appl..No. 4061 of 2008() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN COC.917/2003 NO CRIME. PETITIONER --------------------------- KUNJUMOIDU, AGED 82, S/O. MOHAMMED, KANNAKILATH HOUSE, KATTOOR VILLAGE, MUKUNTHAPURAM TALUK, THRISSUR. BY ADV. DR.K.B.SURESH RESPONDENTS: RESPONDENTS ------------------------ 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE C.I OF POLICE, KOTHAMANGALAM 3. THE S.I OF POLICE, KATTOOR POLICE STATION, THRISSUR. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 4061 of 2008 ----------------------------------------- Dated this the 25th day of June, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 466, 468 and 471 of the Indian Penal Code and 12(b) the Passport Act, 1967. According to prosecution, various documents were forged by the accused to obtain a fake passport and the petitioner is the third accused in the crime. The offences were allegedly committed in 1993. 3. Learned counsel for petitioner submitted that the petitioner is aged 82 years and he is sick and he has lot of physical problems, including cancer. He had also undergone a recent surgery. He also submitted that the petitioner is totally innocent of the allegations made, as revealed from Annexures A1 to A5 produced. Though the alleged offence took place about 15 years back, police is seeking to arrest the petitioner only now. 4. Learned Public Prosecutor submitted that accused 1 and 2 were arrested and released on bail and accused No.4 was arrested, but he was hospitalised. An attempt was made to arrest the BA.4061/08 2 petitioner, but because of his ailment and physical condition, he could not be arrested, it is submitted. 5. In the above circumstances, I find that the petitioner can be granted anticipatory bail, taking into consideration the physical condition of the petitioner. Hence, the following order is passed: In the event of arrest, the petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer, on condition that he will co-operate with the investigation. This petition is allowed. K.HEMA, JUDGE vgs.