Kerala High Court
Naseer S vs State Of Kerala on 23 June, 2016
Author: P.Ubaid
Bench: P.Ubaid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
THURSDAY, THE 23RD DAY OF JUNE 2016/2ND ASHADHA, 1938
Bail Appl..No. 4372 of 2016 ()
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CRIME NO. 171/2014 OF KUMBLA POLICE STATION,
KASARGOD DISTRICT
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PETITIONER(S)/ACCUSED :
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NASEER S.,
S/O. ADAM, BEHIND SYNDICATE BANK,
BADIADKA ROAD, P.O.KUMBALA, KASARAGOD.
BY ADV. SRI.P.K.MUHAMMED
RESPONDENT(S)/COMPLAINANT:
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STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR SMT. R. REMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 23-06-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
bp
P.UBAID, J.
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B.A.No. 4372 of 2016
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Dated this the 23rd day of June, 2016
ORDER
The petitioner herein is the sole accused in Crime No. 171 of 2014 of Kumbala Police Station, registered under Sections 12(1)(b) of the Indian Passport Act, and Sections 419, 420 and 468 of the Indian Penal Code. He seeks pre- arrest bail on the apprehension of arrest by the Police.
2. The allegation as against him is that he obtained the second passport from the Regional Passport Office, Kozhikode by suppressing the details of the earlier passport obtained by him in 1987, and that for obtaining the second passport he produced some false and forged documents including ration card, school certificates etc..
3. This application for pre-arrest bail is opposed by the learned Public Prosecutor on the ground that the custodial interrogation of the petitioner is absolutely necessary as part of investigation, and that if the accused is B.A.No. 4372 of 2016 -2- now released, he will definitely obstruct the proper and effective investigation.
4. The complaint in this case shows that the validity of the first passport had expired when the petitioner made application for the second one. Anyway, the major allegation appears to be that for obtaining a second passport, he produced some false and forged documents. On a perusal of the case diary, I find that interrogation of the petitioner is necessary for the collection of some materials, and information regarding the documents alleged to have been produced by him for obtaining passport, and also the exact address and other details of the petitioner. Without such interrogation and collection of the required materials, the investigation in this case cannot be completed. I feel it appropriate to direct the petitioner to surrender before the Investigating Officer for interrogation. After such interrogation, his request for bail can be appropriately considered by the learned Magistrate having jurisdiction. B.A.No. 4372 of 2016 -3-
In the result, this application for bail is disposed of as follows:
a) The petitioner will surrender before the investigating officer, if he so opts, between 9 a.m. and 10.00 a.m. on any day within seven days from this date for the purpose of interrogation as part of investigation.
b) After necessary interrogation, the investigating officer will produce the petitioner before the learned Magistrate having jurisdiction by 4 pm. on the date of arrest itself.
c) In case application for regular bail is filed by the petitioner, the same shall be judiciously considered and decided by the learned Magistrate on the same day on merits.
Sd/-
P.UBAID
JUDGE
ds //True copy//
P.A. to Judge