IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 Bail Appl..No. 5169 of 2009() --------------------------------------- CRIME NO.338/2009 OF VARANDARAPPILLY POLICE STATION, THRISSUR. .................... APPLICANT/ACCUSED NO.3: ------------------------------------------ ABDUL RAHMAN, S/O. MOHAMMED VELUTHEDATH, PALLIYALIL HOUSE, KOOTTANAD, NAGALASSERY, PALAKKAD. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT/COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, VARANDARAPPILLY POLICE STATION. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/09/2009 ALONG WITH BA NO. 5220 OF 2009 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. Nos.5169, 5220, 5071, 5257 & 5167 of 2009 ----------------------------------- Dated this the 10th day of September, 2009 O R D E R All these Bail Applications are filed by different accused in crime No.338/2009 of Varandarappilly Police Station, Thrissur. All these Bail Applications are being disposed of by this common order. 2. Accused Nos.5 and 1 are respectively the first petitioner and and the second petitioner in B.A. No.5220/2009. The second accused has filed B.A. No.5257/2009. The third accused is the petitioner in B.A. No.5169/2009. In B.A. No.5167/2009, the fourth accused is the petitioner. Accused No.6 has filed B.A. No.5071/2009 for anticipatory bail under Section 438 of the Code of Criminal Procedure. Except the sixth accused, all other accused persons were arrested on different dates and all of them have filed applications under Section 439 of the Code of Criminal Procedure. 3. The Sub Inspector of Police, Varandarappilly got information that forged B.Com degree certificates are kept in the B.A. Nos. 5169/2009 and connected cases 2 house of the first accused, Biju Kunnel and a search was conducted in his house on 13/8/2009. A forged degree certificate in the name Hostin K.J. was found in the house of the first accused. On further investigation, it was revealed that Biju Kunnel sought the help of Khalid, the second accused, who in turn sought the help of Abdul Rahiman, the third accused, to get the forged degree certificate. Abdul Rahiman is working in Akbar Travels, Koottanad. Investigation reveals that Abdul Rahiman contacted Akbar, the fourth accused, who runs Dubai Travels at Exanhipalam, Calicut. Akbar in turn contacted Abdul Majeed, who was employed in Mohar Travels, YMCA Cross Road, Calicut. Abdul Majeed approached his employer P.A. Abdul Rasheed, the sixth accused. The sixth accused provided the forged degree certificate, which by change of hands, reached the first accused Biju Kunnel. It has come out in the investigation that Abdul Rasheed had forged degree certificates of Calicut University at the request of several other persons. Hostin K.J is working abroad. He has not acquired B.Com Degree. Degree certificate is forged in order to facilitate Hostin K.J. to get a better B.A. Nos. 5169/2009 and connected cases 3 employment abroad. It would appear that the accused persons stipulated a condition that the forged degree certificate would be used only outside India. 4. The investigation reveals the complicity of several persons hailing from Varandarappilly in Thrissur district to Calicut. The accused persons have their places of work in Thrissur district, Palakkad district, Malappuram district and Kozhikode district. There is a racket, according to the prosecution, for making available forged degree certificates of Calicut University. The allegations are serious. The investigation is at the initial stage. The sixth accused is not arrested so far. His prayer is to grant anticipatory bail. 5. Accused Nos.1, 2 and 3 were arrested on 13/8/2009 while accused Nos. 4 and 5 were arrested on 14/8/2009. They are in Judicial custody since then. 6. In the nature of the allegations made against the accused persons and taking into account the gravity of the offence and other circumstances of the case, I am not inclined to grant bail to accused Nos.1 to 5. That they are in judicial custody B.A. Nos. 5169/2009 and connected cases 4 for about a month is not at all a reason for granting bail at this stage. The investigation has revealed that all the accused persons have their own share of money in the whole transaction. If the accused nos. 1 to 5 are granted bail, it would seriously affect the proper investigation of the case. It is also most likely that they may tamper with the evidence or intimidate or influence the witnesses. Accordingly, the Bail applications filed by accused Nos. 1 to 5 are dismissed. 7. Prayer for anticipatory bail made by the sixth accused is liable to be rejected. He is the kingpin of the whole episode. He is not making himself available. He has gone underground. In the facts and circumstances of the case, the sixth accused is not entitled to any discretionary relief under Section 438 of the Code of Criminal Procedure. Accordingly, Bail application No.5071/2009 filed by the sixth accused is also dismissed. For the reasons stated above, all the Bail Applications are dismissed. K.T. SANKARAN, JUDGE scm