IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 Bail Appl..No. 175 of 2011() ---------------------- Crime No. 464 of 2010 of Parappanangadi Police Station .................... PETITIONER/ACCUSED ------------------ K.P.SHAJU, AGED 32 YEARS,S/O.APPUKKUTTAN KANNAMPURATH HOSUE, ARIYALLOOR P.O. MALAPPURAM DSITRICT,KERALA STATE BY ADV. SRI. ALIAS M.CHERIAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031. 2. SUB INSEPCTOR OF POLICE, PARAPPANANDADI POLICE STATION, PARAPPANANGADI, MALAPPURAM PIN-676303. 3. DEPUTY SUPERINTENDENT OF POLICE, DCRB, MALAPPURAM - 676505. 4. S.SREEJITH .I.P.S., DEPUTY INSPECTOR GENERAL OF POLICE, CRIME BRANCH, THIRUVANANTHAPURAM PIN - 695 014 BY ADGP SRI.P.N. SUKUMARAN THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/01/2011, THE COURT ON 13-01-2011 PASSED THE FOLLOWING: V. RAMKUMAR, J. ....................................... Bail Application No. 175 of 2011 ........................................ Dated 13th day of January, 2011 ORDER In this petition filed under Sec. 439 Cr.P.C. the petitioner who is the sole accused in Crime No. 464 of 2010 of Parappanangadi Police Station for offences punishable under Sections 465, 468, 471, and 419 I.P.C. and Sec. 12 (1) (b) of the Passports Act, 1967, seeks his enlargement on bail. The petitioner was arrested on 28-11-2010 by the Madurai Police in connection with Crime No. 70 of 2010 of Madurai City Central Crime Branch . Formal arrest of the petitioner in this case was made on 5-1-2011. 2. I heard Adv. Sri. Alias M. Cherian, the learned counsel appearing for the petitioner and Adv. Sri. P.N. Sukumaran, the learned Addl. Director General of Prosecution. I also perused the case diary files. This application was vehemently opposed on behalf of the prosecution. 3. The case of the prosecution is that the petitioner obtained Indian Passport bearing No. G 4249175 from the B.A.No. 175 of 2011 -:2:- Regional Passport Office, Malappuram, under the Tatkal Scheme on 17-08-2007 by producing documents such as S.S.L.C. Book, Ration Card, Motor Driving License and Election Identity Card (all of which were forged documents) showing a bogus address and that the accused visited foreign countries such as Malaysia, Singapore and Dubai using the said passport. 4. The main attempt of the petitioner is to show that the petitioner and the 4th respondent S. Sreejith, I.P.S. who is a D.I. G. of Police, presently working in the Police Headquarters at Thiruvananthapuram were close associates and had even together produced two malayalam movies, but later their relationship became strained and thereupon the 4th respondent began to harass the petitioner and falsely implicate him using his official position. According to the petitioner, the 4th respondent had similarly threatened one P.V. Viju and one Ramesh Nambiar who succeeded in getting favourable orders from this Court . According to the petitioner the 4th respondent is behind the snatching of the petitioner's cheque leaves and filing of cases by strangers against the petitioner under Sec. 138 of the Negotiable Instruments Act. The petitioner would have it that the 4th respondent is behind the present case as well as the case registered by the Madurai Police against the petitioner. B.A.No. 175 of 2011 -:3:- 5. It is too early to conclude that the story set up by the petitioner is true . He is admittedly a businessman and even according to him the relationship between him and the 4th respondent became strained only in the year 2007. But there are cases including cheque cases against the petitioner from the year 2003 onwards in various courts. The petitioner is an accused before the J.F.C.M. Parappanangadi in C.C. 20 of 2004 arising out of Crime No. 287 of 2003 of Parappanangadi Police Station for offences punishable under Sections 506 (1) and 507 I.P.C. and C.C. 433 of 2010 arising out of Crime No. 98 of 2009 of Tirurangadi Police Station for an offence punishable under Section 506 (ii) I.P.C. In Crime No. 70 of 2010 of Madurai City Central Crime Branch registered against the petitioner the offences involved are those punishable under Sections 468, 471, 406, 420 and 506 (ii) I.P.C. He is alleged to be having close connections with high officials in various departments including the Police Department. Since the petitioner was an accused in criminal cases pending before the Magistrate Courts, he could not obtain a passport in his original address. He was, therefore, resorting to the dubious method of obtaining a passport under the Tatkal Scheme by producing forged documents and a false B.A.No. 175 of 2011 -:4:- address. It cannot be imagined that the fourth respondent was instrumental in securing the passport for the petitioner as is now contended by the petitioner's counsel. Strangely enough, the Writ Petitions filed before this Court by P.V. Viju and Ramesh Nambiar against the 4th respondent and others were also filed by the same counsel who has filed the present bail application and who displayed much fervour in sketching the 4th respondent as the most despicable person. Investigation of this case is at the nascent stage and police custody of the petitioner is being sought . If at this stage of investigation the petitioner is released on bail, it will hamper the smooth investigation of the case . I am, therefore, not inclined to to release the petitioner on bail at this stage. This petition is, accordingly, dismissed. Dated this the 13th day of January, 2011. Sd/-V. RAMKUMAR, JUDGE. ani/ /true copy/ P.S. to Judge