IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 Bail Appl..No. 7854 of 2009() ------------------------------------- CRIME NO.585/2007 OF KALADY POLICE STATION, ERNAKULAM. .................... PETITIONER/ACCUSED: -------------------------------------- MANOJ.E.M. ,S/O. KUNJIRAMAN NAIR, KAMMANA METHAI, KOYILANDY, KOZHIKODE. BY ADV. SRI.P.V.ELIAS RESPONDENT/ COMPLAINANT: ------------------------------------------- THE S.I. OF POLICE, KALADY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7854 of 2009 ------------------------------------ Dated this the 7th day of January, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.585/2007 of Kalady Police Station. 2. The offences alleged against the petitioner are under Sections 465, 468 and 471 of the Indian Penal Code. 3. The allegation is that the petitioner forged the degree certificate and used the same as original as if it was issued by Sree Sankaracharya University of Sanskrit, Kalady and secured a job in Sriram City Union Finance Ltd. The law officer noticed a difference in the initials of the petitioner shown in the degree certificate and other records and sought explanation from him. He could not explain. The law officer of Sriram City Union Finance Ltd. addressed a letter to the Registrar of the University requesting the Registrar to ascertain whether the degree certificate is a genuine one. The Registrar of the University found that the degree certificate in question shows that the examination was held in November, 1995. It was also noticed that as per the certificate, Manoj passed the examination held in November,1995, whereas the B.A. No. 7854 /2009 2 first course in the University was over only in November, 1997 and the University had started functioning only in 1993. It was also noticed by the Registrar that in the degree certificate the signature of the Vice Chancellor is shown as that of Dr. K.N. Panicker, while at the time of issuing the certificate, Dr. Parameswaran Unni was the Vice Chancellor. 4. The learned Counsel for the petitioner submitted that there is no material to connect the petitioner with the offence. The petitioner is E.M. Manoj. 5. I have perused the Case Diary. I am not inclined to accept the contention put forward by the learned counsel for the petitioner. Prima facie, I am satisfied that there are enough materials to implicate the petitioner as accused in the case. The offence alleged against the petitioner is grave in nature. Custodial interrogation of the petitioner may be necessary. This is not a fit case where anticipatory bail can be granted to the petitioner. The petitioner is not entitled to any discretionary relief under Section 438 of the Code of Criminal Procedure. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE scm