IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 Bail Appl..No. 4214 of 2008() ----------------------------- (CRIME NO. 510/2005 OF KONDOTTY POLICE STATION) PETITIONER/ACCUSED: ----------------------------- K.K. SUBAIR, AGED 52 YEARS, S/O ABDU RAHMAN, RESIDING IN "FATHIMAS" NEAR SPINNING MILL, CHOVA POST, KANNUR. BY ADV. SRI.C.KHALID SRI.R.O.MUHAMED SHEMEEM RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY CIRCLE INSPECTOR OF POLICE, CBCID, KOZHIKODE. 2. PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ----------------------------------------------- Bail Appl.No. 4214 of 2008 ----------------------------------------------- Dated this the 9th day of July, 2008. ORDER Petition for anticipatory bail. 2. The alleged offences are under Sections 419, 468, 471 and 34 IPC and Section 12(1)B and D and Section 12(2) of Passport Act. According to prosecution, the petitioner is the 2nd accused, who allegedly forged a passport for the use of accused no.1. The first accused used the said passport and travelled abroad. He was arrested on 27.8.2005 from the Calicut Air Port and a crime was registered under the Passport Act. Thereafter, on 3.4.2008, a report was filed stating that the petitioner is the person who had arranged the said passport for the first accused. The petitioner was conducting a travel agency. 3. Learned counsel for the petitioner submitted that the petitioner has not committed any offence. He has nothing to do with the travel agency. He was running a travel agency upto February 1999 and thereafter he had leased out the same to another person as A3 in the crime and he went abroad and a false allegation is made after 3 years. The petitioner is not involved in any offence. Petitioner is totally innocent of the crime and he prays for anticipatory bail. 4. Learned Public Prosecutor submitted that there are sufficient materials in the case diary to show that the petitioner is [B.A.No.4214/08] 2 the person who arranged fake passport by substituting the photograph in the passport which was originally issued to another person. It is not correct to say that petitioner is totally innocent. The petitioner was required for arrest and interrogation for a pretty long time but he was evading arrest and interrogation. The C.B.C.I.D. is conducting the investigation in this case now and hence it is requested that a direction may be issued to the petitioner to surrender before investigating officer. 5. On hearing both sides, I find that the following order can be passed: i) The petitioner shall surrender before the investigating officer within 7 days from the date of this order and make himself available for interrogation. ii) Thereafter, in the event of his arrest, the petitioner shall be produced before the Magistrate Court concerned, in accordance with law. iii) On production of the petitioner before the Magistrate Court concerned, the learned Magistrate shall dispose of the application for bail, if any, filed by the petitioner, with prior notice to the Assistant Public Prosecutor, who is in charge of the case, in accordance with law, as expeditiously as possible. This petition is disposed of accordingly. K. HEMA, JUDGE. Krs.