IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 Bail Appl..No. 276 of 2009() ---------------------------- CMP.4656/2008 of J.M.F.C.-I, ALUVA CRIME NO.74/08 OF NEDUMBASSERY AIRPORT POLICE STATION PETITIONER/ACCUSED -------------------------------------- NOORJAHAN, D/O.MOHAMMED ALI ROSHAN BABAD JANOVA, AGED 24 YEARS, KHORAZM REGION, REPUBLIC OF UZBEKISTAN,(WRONGLY DESCRIBED AS MERHABA FATHIMA,MASHARIPOVA BABEER STREET, 44/20,AFGANISTHAN). BY ADV. SRI.K.V.SOHAN SRI.GEORGE JOSEPH PULIMOOTTIL RESPONDENT(S): STATE -------------------- 1. STATE REPRESENTED BY SUB INSPECTOR OF POLICE NEDUMBASSERY AIRPORT POLICE STATION (CRIME NO.74/2008) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THE INSPECTOR OF POLICE,CRIME ATTACHMENT ALUVA,CRIME NO.74/2008 OF NEDUMBASSERY POLICE STATION. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 276 of 2009 ----------------------------------------- Dated this the 23rd January, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 468, 419 and 471 of the Indian Penal Code and 12(1)(b)(d) and (e) of the Passport Act. According to prosecution, petitioner forged a passport issued from Greece in the name of another person and used it as genuine, by substituting the photograph and committed the various offences. Using this passport, she travelled from Nedumbassery to Colombo and from there she was deported to Nedumbassery and she was arrested from Nedumbassery. 3. Petitioner was arrested on 5.11.2008 and she is in custody for the past 78 days. Both sides would agree that petitioner is entitled for bail by default under the proviso to Section 167(2) of the Code of Criminal Procedure, since charge sheet is not yet filed. 4. Learned counsel for petitioner submitted that petitioner has nobody in Kerala, but her mother has come BA.276/09 2 down and she can execute bond or deposit the bond amount but the local surety may not be insisted. It is also submitted that petitioner's original passport is with the agent and she may not be able to produce the same. However, authenticated copy of passport can be produced. She has also in her possession, original citizen card with her, which will confirm her identity. 5. Learned Public Prosecutor submitted that stringent condition will have to be imposed while granting bail to petitioner. It is also pointed out that police could not firm actual address of petitioner and hence, some suitable condition may also be imposed. 6. On hearing both sides, I am satisfied that bail can be granted to petitioner. Hence, bail is granted to petitioner on the following terms and conditions: i) Petitioner shall execute a bond for Rs.25,000/- with surety of her mother for the like sum to the satisfaction of the Magistrate Court concerned. BA.276/09 3 ii) Petitioner shall report before the Dy.S.P, Crime Detachment within 24 hours of her release on bail. iii). Petitioner shall produce the original passport or the authenticated copy of the passport and the original citizen card before the Magistrate Court concerned within seven days from today. iv) Petitioner shall not commit any offence while on bail. Petition is allowed. K.HEMA, JUDGE vgs.