Kerala High Court

Bail Appl./10024/2021 of ANEES H. Vs STATE OF KERALA on 31 December 2021

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COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 31ST DAY OF DECEMBER 2021 / 10TH POUSHA, 1943 BAIL APPL. NO. 10024 OF 2021 CRIME NO.87/2021 OF Kayamkulam Police Station, Alappuzha AGAINST THE ORDER/JUDGMENT IN CMP 6017/2021 OF JUDICIAL MAGISTRATE OF

IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT

THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

FRIDAY, THE 31[ST] DAY OF DECEMBER 2021 / 10TH POUSHA, 1943

BAIL APPL. NO. 10024 OF 2021

CRIME NO.87/2021 OF Kayamkulam Police Station, Alappuzha AGAINST THE ORDER/JUDGMENT IN CMP 6017/2021 OF JUDICIAL MAGISTRATE

OF FIRST CLASS , KAYAMKULAM

PETITIONER/ACCUSED:

ANEES H.AGED 32 YEARS

S/O.HAMEEDKUTTY, MARUTHINATTU THARAYIL, KANNAMOALLY BHAGAM MURI, KEERIKKADU VILLAGE, KAYAMKULAM, ALAPPUZHA DISTRICT, PIN - 690 502.

BHAGAM MURI, KEERIKKADU VILLAGE, KAYAMKULAM, ALAPPUZHA

BY ADV M.G.SREEJITH

RESPONDENTS/STATE & COMPLAINANT:

1STATE OF KERALAREPRESENTED THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI - 682 031.2THE STATION HOUSE OFFICERKAYAMKULAM POLICE STATION, KAYAMKULAM, ALAPPUZHA DISTRICT, PIN - 690 537.

SRI.PRASANTH M.P., PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON31.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ORDER

This is an application filed u/s 439 of Codeof Criminal Procedure seeking regular bail.

2. The petitioner is the accused in CrimeNo.87/2021 of Kayamkulam Police Station. The offences alleged are under Sections 465, 468 and471 IPC and Section 12(1)(b) of the IndianPassport Act.

3. The prosecution case in short is that the accused obtained a passport from theRegional Passport Office, Thiruvananthapuram on16.06.2000 and concealing the same he obtainedanother passport from Riyadh by making falsedocuments and thereby committed the offence.

4. Heard both sides and perused the casediary.

5. The learned counsel for the petitionersubmitted that the petitioner is absolutely innocent and he has been falsely implicated inthe present case. He further submitted thatthere are no materials to connect the petitionerwith the alleged crime and hence he is entitledto get bail. The learned Public Prosecutoropposed the bail application. He contended thatthe alleged incident occurred as a part of theintentional criminal acts of the petitioner andif the petitioner is released on bail at thisstage, it would affect the course ofinvestigation.

6. Perusal of the case diary would revealthat prima facie there are materials on recordto connect the petitioner with the crime.However, the petitioner was arrested on24.12.2021. The only non-bailable offenceinvolved is Section 468 of IPC. In order toattract Section 468 of IPC the forgery must befor the purpose of cheating. The prosecution has no case that the petitioner forged documents forcheating. In view of the nature of the crime andthe stage of investigation, I do not find anyreason to hold that the continued detention ofthe petitioner is required for any purpose. Theinvestigation seems to have reached a fairstage. For all these reasons, the petitioner isentitled to be released on bail on conditions.

In the result, the application is allowed onthe following conditions:-

(i) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (RupeesOne lakh only) with two solvent sureties for thelike sum each to the satisfaction of thejurisdictional Magistrate/Court.

(ii) operate with the investigation.

The petitioner shall fully co-

(iii) The petitioner shall appear before

the investigating officer between 10.00 a.m and BAIL APPL. NO. 10024 OF 2021

11.00 a.m on every Saturday until furtherorders. The petitioner shall also appear beforethe investigating officer as and when requiredby him.

(iv) offence of like nature while on bail.

The petitioner shall not commit any

(v) The petitioner shall not make any

attempt to contact any of the prosecutionwitnesses, directly or through any other person,or any other way try to tamper with the evidenceor influence any witnesses or other personsrelated to the investigation.

(vi) The petitioner shall not leave

State of Kerala without the permission of thetrial Court.

sd

Sd/-

DR. KAUSER EDAPPAGATH

JUDGE

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