Kerala High Court
N.Venkata Ram Babu vs State Of Kerala on 28 October, 2016
Author: P.Ubaid
Bench: P.Ubaid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
FRIDAY,THE 28TH DAY OF OCTOBER 2016/6TH KARTHIKA, 1938
Bail Appl..No. 7556 of 2016 ()
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CRIME NO. 278/2015 OF THAMPANOOR POLICE STATION, THIRUVANANTHAPURAM
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PETITIONER/ACCUSED :
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N.VENKATA RAM BABU,
AGED 45 YEARS, S/O. VENKATESWARALU, 41-1-35,
RANGAI NAIDU STREET, KAKINADA,
EAST GODAVARI DISTRICT,
ANDHRA PRADESH-533 001.
BY ADVS.SRI.P.CHANDRASEKHAR
SRI.THOMAS M.JACOB
RESPONDENT :
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STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA.
BY PUBLIC PROSECUTOR SRI.SAJJU.S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 28-10-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
sts
P.UBAID, J.
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B.A No.7556 of 2016
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Dated this the 28th day of October, 2016
O R D E R
The petitioner herein is the sole accused in Crime No.278/2015 of the Thampanoor Police Station, registered under Sections 406, 420 and 468 of the Indian Penal Code and under Section 12 of the Passports Act. He seeks regular bail under Section 439 of the Code of Criminal Procedure. The application filed by him for regular bail was dismissed by the learned Judicial First Class Magistrate III, Thiruvananthapuram.
2. The petitioner herein and the defacto complainant had some business transactions abroad, and in the said transaction he incurred a huge debt also. The prosecution case is that as security for the said debt incurred by him the petitioner furnished an expired passport, and he came to India by using another passport fraudulently obtained by producing forged documents. The defacto complainant followed him, came to India and made a complaint here. On the said complaint the crime was initially registered under Sections B.A No.7556 of 2016 2 420, 406 and 468 of the Indian Penal Code and under Section 12 of the Passport Act. Pending investigation, this Court quashed the prosecution against the petitioner under Sections 420 and 468 IPC, as per the order dated 18.3.2016 in Crl.M.C No.4252/2015 and allowed to continue investigation under Section 406 IPC and under Section 12 of the Passports Act. After disposal of this Crl.M.C, the petitioner was arrested by the police on 6.10.2016. The main allegation in the complaint is that with a clear intention to cheat, the petitioner furnished his expired passport as security and left Dubai. But the prosecution under Section 420 IPC stands now quashed. As regards the allegation under Section 406 IPC definite materials are yet to come. Now what practically remains is the allegation under Section 12 of the Passports Act. The current passport of the petitioner is the latest one obtained by him as Passport No.Z2959951 and the cancelled passport which he has surrendered as security abroad is the Passport No.K8339904. It is pertinent to note that the number of the said expired passport is seen mentioned in the new passport. The police report does not clearly show that the Passport No.Z2959951 is a fake one, or one obtained by producing forged documents. The police report shows that B.A No.7556 of 2016 3 another Passport No.F5990446 earlier obtained by the petitioner stands not cancelled. But the entry in the other passport obtained by him shows that the said passport was returned to him as it contained valid Visa. The said passport could not have been cancelled at that time. Primafacie there is reason to believe that the current passport which the police has seized from the possession of the petitioner is a valid one. The passport he furnished as security is a cancelled one. As regards the said act of furnishing a cancelled passport as security there cannot be a prosecution now because the said prosecution under Section 420 IPC stands quashed. Now, as regards the allegation under Passports Act, it cannot be definitely said that the current passport was obtained by the petitioner by suppressing materials facts, or by producing forged documents. Even the police cannot have a case that this is a forged passport. In the above circumstances, I feel it appropriate to release the petitioner on bail. Let the factual aspects as regards the current passport be thoroughly investigated and examined by the investigating officer.
In the result, this application for bail is allowed. The petitioner will be released on bail on his executing a bond with B.A No.7556 of 2016 4 two solvent sureties for 1,00,000/- (Rupees one lakh only) each to the satisfaction of the learned Magistrate having jurisdiction. Bail is granted on condition that;
a. The petitioner shall report before the Investigating Officer between 10.00 am and 11 am on all alternate Thursdays for a period of two months.
b. The petitioner shall not leave the limits of Thampanoor Police Station for two months.
c. The petitioner shall make a security deposit of 50,000/- (Rupees fifty thousand only) in the court below as a further condition for bail. The amount of security deposit will be released on conclusion of trial. It will be subject to forfeiture in case of absence during trial without sufficient reason.
Sd/-
P.UBAID, JUDGE //True Copy// P.A to Judge ab