IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES TUESDAY, THE 29TH AUGUST 2006 / 7TH BHADRA 1928 Bail Appl..No. 5186 of 2006 ----------------------------- CRIME NO. 440/2006 OF CHENGAMANAD POLICE STATION PETITIONER/ACCUSED NO.3 ----------------------------------------- MUHAMMEDKUTTY, S/O. ABDURAHIMAN, PALASSERY HOUSE, OMANOOR, CHERUVAYOOR, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: STATE ------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHENGAMANAD POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR P.N. SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/08/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.M.JAMES, J. -------------- B.A. 5186/2006 ------------------ DATED THIS THE 29TH DAY OF AUGUST, 2006 O R D E R The petitioner is the third accused, in crime No. 440/2006 of Chengamanad Police Station, for the offence punishable under Sections 468 and 471 IPC read with Section 34 IPC and also under Section 12(1)(b) of the Passports Act. 2. The prosecution allegation is that accused Nos. 1 and 2 had handed over their passports to arrange their travel abroad. The third accused, who received an amount of Rs.36,300/- from each accused, handed over the money as well as the passports to the fourth accused, who is conducting a travel agency named 'M/s. Riya Travel and Tours (India) Private Limited'. On the date of travelling to Mascot for employment, it was offered that the passport would be handed over to them in the International Airport, Kochi, at the time of travelling. Just before the taking off, passports were accordingly handed B.A.5186/2006 2 over, by the fourth accused. At the time of clearance, it was found that an entry was detected in the passport as 'Emigration Clearance Not Required'(ECNR). That was found to be forged. Therefore, both the accused Nos.1 and 2 were arrested and their job opportunities abroad were also spoiled. 3. However, it is submitted by the learned counsel for the petitioners that he had not done anything and he had only handed over the money as well as passports to the fourth accused. 4. In the facts situation of the case, I direct the petitioner to surrender before the Investigating Officer of Chengamanad Police Station, on 11.9.2006 between 10.00 a.m and 11.00 a.m. The Investigating Officer shall interrogate the petitioner and produce him before the Court below, as per the law. 5. The petitioner may move an application for bail and the learned Magistrate, after hearing both sides, shall pass orders on the same day itself, on merit. If an application for custodial interrogation is filed by the B.A.5186/2006 3 Investigating Officer, it may also be considered, along with the bail application, and pass orders on merit. The application is disposed of as above. J.M.JAMES mrcs JUDGE