Dismissed

Shajahan v. State of Kerala

Kerala HC13 Jun 2018Bail Appl./2201/2018

Case brief

AI extract

What is this about?

High Court of Kerala dismissed an anticipatory bail application filed by a petitioner accused of obtaining a passport in a false name and address. The court directed the petitioner to surrender within 10 days and cooperate with the investigation instead of granting bail.

What did the court decide?

The petitioner was directed to surrender before the Investigating Officer within 10 days and cooperate with the investigation.

Shajahan Vs State of Kerala — Cheating and Forgery | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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WEDNESDAY, THE 13TH DAY OF JUNE 2018 / 23RD JYAISHTA, 1940

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Bail Appl..No. 2201 of 2018

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CRIME NO. 1272/2017 OF ANCHALUMMOODU POLICE STATION , KOLLAM

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PETITIONER(S)/ACCUSED

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SHAJAHAN, AGED 45 YEARS, S/O. YOOSEPH KUNJU, RESIDING @ KELACHAM VEEDU KUREEPUZHA P.O., ANCHALUMOODU, KOLLAM-691005.

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BY ADV.SRI.R.KISHORE (KALLUMTHAZHAM)

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RESPONDENTS/COMPLAINANT :

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHACAUD, TRIVANDRUM-682031.

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3. RURAL SUPERINTENDENT OF POLICE, KOTTARAKARA, KOLLAM-695004.

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4. CITY POLICE COMMISSIONER, KOLLAM-691001.

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5. VIPIN, SUB INSPECTOR OF POLICE, SPECIAL BRANCH, KOLLAM-691001.

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6. SUB INSPECTOR OF POLICE, ANCHALUMOODU, KOLLAM-691005.

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R1 BY PUBLIC PROSECUTOR SRI. C.N.PRABHAKARAN.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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AL/-

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RAJA VIJAYARAGHAVAN V, J

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B.A No.2201 of 2018

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--------------------------------------------Dated this the 13^th day of June, 2018

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ORDER

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1.This application is filed under Section 438 of the Code of Criminal Procedure.

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2.The applicant herein is the accused in Crime No.1272 of 2017 of Anchalumoodu Police Station, registered under Sections 465, 468, 471, 419, 420 and Section 12 (1) (a) (b) of the Passport Act.

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3.The applicant herein, who was issued an Indian passport from the Passport Office, Thiruvananthapuram, in the year 1992, is alleged to have suppressed the said fact and by furnishing a false name and address secured another passport in his name from the Passport Office, Ernakulam. Using the second passport, which was obtained by fraudulent means, the applicant is alleged to have travelled overseas. He also managed to renew the passport twice while he was working at Riyadh. When the fact that he had secured a passport in a different name and address came to

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B.A No.2201 of 2018

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the notice of the passport authorities, the Police was intimated and the instant crime was registered.

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4.The learned counsel appearing for the applicant herein submitted that the allegations are without basis. The applicant after returning back from Saudi Arabia on an exit VISA had entrusted the passport with an agent, who secured a passport in the address of his wife and in a different name. According to the learned counsel, the applicant met with a motor accident in the year 2008 and when his health condition became bad had to return back to India. He had voluntarily surrendered both his passports in the year 2017 and refers to Annexure-A3 to substantiate the said contention. It is further submitted that the applicant was questioned on numerous occasions and his residential home was also searched. According to the learned counsel , the entire investigation has been completed and prays that he be spared from the rigors of custodial interrogation.

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5.The learned Public Prosecutor has opposed the prayer. It is submitted that the prayer is misconceived and arming the applicant with an order of anticipatory bail would adversely affect the investigation.

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B.A No.2201 of 2018

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6.I have considered the submissions advanced.

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7.Admittedly the second passport was obtained in a different name and address. Though I am not impressed with the explanations offered by the applicant, it appears that he had voluntarily surrendered the passport before the authorities. In that view of the matter, I am of the view that the applicant can be directed to surrender before the Investigating Officer and to cooperate with the investigation. This shall be done within 10 days from today. After interrogation, the applicant shall be produced before the learned Magistrate having jurisdiction. If an application for regular bail is preferred the same shall be considered and orders shall be passed on its merits on the same day itself. This application is dismissed.

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RAJA VIJAYARAGHAVAN V, JUDGE

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al/- xx

Shajahan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shajahan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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