IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 Bail Appl..No. 7643 of 2009() ---------------------------------------- CRIME NO.565/2009 OF MALAPPURAM POLICE STATION, MALAPPURAM. APPLICANT/1ST ACCUSED ----------------------------------------- HANEFA P.K., S/O.ABU, PARAMBAN KADANNAKANDATHIL HOUSE, VADAKKUMMURI, IRUMBUZHI PO, MALAPPURAM. BY ADV. SRI.P.VIJAYA BHANU SRI.P.VENUGOPAL (1086/92) SRI.VIPIN NARAYAN RESPONDENT/COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLI PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (REPRESENTING SHO MALAPPURAM POLICE STATION). SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7643 of 2009 ------------------------------------ Dated this the 6th day of January, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.565/2009 of Malappuram Police Station. 2. The offences alleged against the petitioner are under Sections 420, 465, 468 and 471 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the petitioner corrected his date of birth in his passport. It was detected by the Airport Authority. The passport of the petitioner was seized. On verification, it was found that the petitioner has forged the passport. The petitioner apprehends arrest. Therefore, he has filed this application for anticipatory bail. 4. The allegations made against the petitioner are grave in nature. I do not think that this is a fit case where the discretionary relief under Section 438 of the Code of Criminal Procedure can be granted in favour of the petitioner. Custodial B.A. No. 7643/2009 2 interrogation of the petitioner may be necessary in the case. If anticipatory bail is granted to the petitioner, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE scm