IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 Bail Appl..No. 10118 of 2011() ------------------------------ CRIME NO.472/2011 OF THENHIPALAM POLICE STATION PETITIONER/ACCUSED --------------------------------- CHENGIS BAHADURI @ ABDUL NASAR, AGED 58 YEARS, S/O.FATHAH ALI, BUSTHAN BUSHAIRA DISTRICT, SHERISTANE VILLAGE, BUSKERIBEHISTHAN, IRAN. BY ADV. SRI.VINOD SINGH CHERIYAN SRI.R.SUDHISH SMT.M.MANJU SRI.K.R.RANJITH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, THENHIPALAM POLICE STATION, MALAPPURAM DISTRICT, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.10118 of 2011 --------------------------- Dated this the 13th day of December, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.472 of 2011 of Thenhipalam Police Station, Malappuram District. 2. The offences alleged against the petitioner are under Sections 468, 471 and 419 of the Indian Penal Code and Sections 12(1)(b)(1A)(a)(b) and 14(a) & 14B of Foreigners Amendment Act, 2004. 3. The prosecution case is the following : The petitioner is an Iranian citizen. He came to India several years ago and overstayed in India. He secured an Indian passport, as if he is one Abdul Nazar, son of Muhammed Ali, on 9.3.1999. Using that Indian passport, he went abroad on several occasions. The petitioner was arrested on 18.11.2011 and he was remanded to BA 10118/11 2 judicial custody on 19.11.2011. 4. The offences alleged against the petitioner are very serious in nature. The investigation is in progress. If the petitioner is released on bail at this stage, it would adversely affect the proper investigation of the case. It is most likely that the petitioner would make himself scarce and flee from justice, if bail is granted to him. Possibility of the witnesses being intimidated and influenced and the evidence tampered with also cannot be ruled out. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN JUDGE csl