IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 Bail Appl..No. 4853 of 2008() ----------------------------- CMP.1896/2008 of J.M.F.C.-I, ALUVA CRIME NO. 480/2008 OF CHENGAMANADU POLICE STATION PETITIONER: --------------------------- MUHAMMED JAHANGIR ALAM, S/O.LUTFUR REHMAN, 162/03 WEST RUMPARA, RUMPURA BAHAK, BANGLADESH. BY ADV. SRI.T.K.KUNHABDULLA RESPONDENT: ------------- STATE OF KERALA REPRESENTED BY THE S.I. OF POLICE, CHENGAMANAD, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4853 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of August, 2008 O R D E R Application for bail 2. The alleged offences are under sections 419, 468 and 471 IPC and 12(1)(b)(d) of the Passport Act. The petitioner was arrested on 11-6- 2008 on the allegation that he had used forged passport issued to another person and travelled from Doha to Kochi. 3. Learned counsel for the petitioner submitted that on the basis of a decision reported in Fatma Bibi V. State of Gujarat (2008(2) KLT 907 (SC)), by virtue of section 188 Cr.P.C., if an offence is committed outside India by a foreigner, he cannot be tried in any court in India. Therefore, petitioner may be released on bail, it is submitted. 4. Learned Public Prosecutor submitted that under the Foreigners Act, if foreigner entered this country by using a forged document/passport, he can be tried under the provisions of the Foreigners Act. Investigation is at the initial stage and hence he opposes the bail. 5. On hearing both sides, I am satisfied that this is a case which should go for investigation and it may not be fit to grant bail at this stage. This application is dismissed. K. HEMA, JUDGE. mn.