IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 Bail Appl..No. 6840 of 2011() ---------------------------------- (CRIME NO.315/2003 OF CHADAYAMANGALAM POLICE STATION, KOLLAM DISTRICT) .... PETITIONERS/ACCUSED NO.2 ------------------------------------ JAFFAR, S/O.SHAHUL HAMEED, RESIDING AT AL-FALAJ, PRASANTH NAGAR, ANCHAL P.O., ANCHAL VILLAGE, PATHANAPURAM TALUK. BY ADVS. SRI.TOJAN J. VATHIKULAM SRI.GEORGE BRISTON SMT. C.A. SEENA SRI.V.P.PRASANTH RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE CHADAYAMANGALAM POLICE STATION, REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J ---------------------------------- B.A.No.6840 of 2011 ------------------------------------ Dated this the 24th day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the second accused in Crime No.315/2003 of Chadayamangalam Police Station, which is presently investigated by the CBCID, OCW I, Sub Unit for offences punishable under Sections 465, 468, 471, 419, 120 B and 34 of I.P.C r/w 12(1)(b) of Indian Passport Act. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition is filed seeking an order directing the respondent to release the petitioner on bail in the event of arrest with a plea that he is innocent of the allegations. 2. Having heard either side, it is revealed that the petitioner had committed forgery and using forged documents, passports were obtained to the other accused who travelled abroad using those passports. It is also revealed that the crime was committed as early as in 2003. Therefore, custodial interrogation is warranted. In the result, this petition is dismissed with direction to the petitioner to surrender before the Investigating Officer, who after interrogation, with or without arrest, produce him before the Magistrate concerned, who may dispose of the bail application, if any filed, at the earliest. SU P.S.GOPINATHAN, JUDGE