IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 Bail Appl..No. 6060 of 2011() ----------------------------- CRIME NO.766/2010 OF ERAVIPURAM POLICE STATION PETITIONER(S): A1 -------------------- SAMEER K.K., HOUSE NO.1/174, KUNHIKADAM KUNNUMMEL, POKKOM PO, PANOOR, KANNUR DISTRICT. BY ADV. SRI.N.M.JAMES RESPONDENT(S): --------------- 1. STATE OF KERALA, REP BY SUB INSPECTOR OF POLICE, ERAVIPURAM, KOLLAM DISTRICT THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE SPECIAL BRANCH POLICE, KOLLAM. PUBLIC PROSECUTOR SRI.SABU SREEDHARAN THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6060 of 2011 --------------------------- Dated this the 1st day of August, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.766 of 2010 of Eravipuram Police Station, Kollam. 2. The offences alleged against the petitioner are under Sections 120B, 465, 468 and 471 of the Indian Penal Code and Section 12(1)(a) of the Indian Passport Act. 3. The prosecution case is that accused Nos.1 to 7 conspired together and accused No.1 submitted an application for passport as if he was Jose, Son of Joseph. For the purpose of facilitating such application being filed, it is alleged that the accused forged the S.S.L.C. certificate, O.B.C. certificate as if it was issued by the Tahsildar and the electoral identity card. Those documents were submitted before the Passport Office. The application was allowed and the passport was issued to the first accused. Later, at the time of police verification, it was found out that the documents produced along with the BA 6060/2011 2 application for passport were forged. Accordingly, the crime was registered. Accused Nos.2, 4, 5, 6 and 7 were arrested. It is alleged that efforts were made to locate the first accused. The photographs of the first accused was identified by his wife and neighbours as that of the first accused. The investigating agency came to know that the first accused was having activities in several other States and on most of the days, he will not be available in the State of Kerala. 4. The crime was registered in 2010. All the other accused were arrested. The allegations levelled against the petitioner are very grave in nature. The discretionary relief under Section 438 Crl.P.C. cannot be granted in favour of the petitioner. If anticipatory bail is granted to the petitioner, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN JUDGE csl