This judgment dismisses an application for anticipatory bail filed by an accused in a forgery and passport fraud case. The High Court held that surrendering the passport does not justify bail and the serious nature of the offences warrants custodial interrogation.
The Bail Application is accordingly dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 Bail Appl..No. 275 of 2010() ---------------------------Cr.NO.9/2010 OF CHANGARAMKULAM POLICE STATION, MALAPPURAM PETITIONER : ACCUSED NO.1 ----------------------------------------MOHAMMED NISHAD, AGED 20 YEARS, S/O.MOIDUNNI, RESIDING AT KALLUMMEL VALAPPIL HOUSE MOOKUTHALA P.O., PONNANI, MALAPPURAM. BY ADV. SRI.C.V.MANUVILSAN SRI.P.G.SURESH SMT.K.VIDYA SRI.M.R.VIBIN
RESPONDENT(S): --------------THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, CHANGARAMKULAM POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
PUBLIC PROSECUTOR SRI.TEKCHAND
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
B.A.No.275 of 2010
Dated this the 4th day of March, 2010
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 Cr.No.9 of 2010 of Changaramkulam Police Station.
BA No.275/2010
2
was detected, he surrendered the passport. Both these aspects are not grounds for granting anticipatory bail. The offences alleged against the accused are serious in nature. Custodial interrogation may be required in the case. In the facts and circumstances of the case, I am of the view that the petitioner is not entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure.
The Bail Application is accordingly dismissed.
K.T.SANKARAN,
JUDGE
csl
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC given the serious nature of the offences alleged involving forgery and passport fraud.
Whether surrendering the passport after detection constitutes a ground for granting anticipatory bail.
4 provisions across 3 enactments
Mohammed Nishad
The State of Kerala
K.T.Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
