Dismissed

Anees H v. State of Kerala

Kerala HC16 Dec 2021Bail Appl./7567/2021

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed an anticipatory bail application filed by Anees H., accused of forgery and obtaining passports through forged documents. The court held that granting bail would hinder investigation as more evidence was needed. The petitioner was directed to surrender within two weeks for interrogations.

What did the court decide?

Application for anticipatory bail dismissed. Direction to surrender before investigating officer within two weeks.

Anees H Vs State of Kerala — Cheating and Forgery | Kerala HC (2021)

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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 P.G. AJITHKUMAR

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THURSDAY, THE 16^TH DAY OF DECEMBER 2021 / 25TH AGRAHAYANA, 1943

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BAIL APPL. NO. 7567 OF 2021

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CRIME NO.87 OF 2021 OF KAYAMKULAM POLICE STATION,

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ALAPLPUZHA

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PETITIONER:

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ANEES H., AGED 32 YEARS, S/O. HAMEEDKUTTY, MARUTHINATTU THARAYIL, KANNAMOALLY BHAGAM MURI, KEERIKKADU VILLAGE, KAYAMKULAM, ALAPPUZHA DISTRICT, PIN - 690 502.

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BY ADV M.G.SREEJITH

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI - 682 031.

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2 THE STATION HOUSE OFFICER KAYAMKULAM POLICE STATION, KAYAMKULAM, ALAPPUZHA DISTRICT, PIN - 690 537.

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SMT C.SEENA- PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A.No.7567 of 2021

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P.G. AJITHKUMAR, J.

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----------------------------------------------------------B.A.No. 7567 of 2021

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----------------------------------------------------------Dated this the 16^th day of December, 2021

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O R D E R

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This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, 1973.

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The petitioner is the sole accused in Crime No.87 of 2021 of Kayamkulam Police Station, Alappuzha. The offences alleged are under Sections 465, 468 and 471 of the Indian Penal Code, 1860 and under Section 12(1)(b) of the Indian Passport Act, 1967.

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The allegations are that the petitioner obtained a passport bearing No.B-2024971 from the Regional Passport Office, Thiruvananthapuram on 16.06.2000 and subsequently he obtained another passport bearing No.J-1291431 from the Regional Passport Office, Kochi on 31.03.2010. The petitioner in order to obtain the first passport, forged the school admission register and used the name 'Aleen' and for that purpose he made use of the details of school admission No.10400 of 1984 of Peringamala U.P.School, Palode. He

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B.A.No.7567 of 2021

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subsequently applied to the Regional Passport Office, Ernakulam along with his present Aadhaar Card and other documents to obtain a new passport. Thereby, the petitioner allegedly has committed the aforementioned offences.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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The learned Public Prosecutor has placed on record

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the report of the Sub Inspector of Police, Kayamkulam Police Station.

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The learned counsel for the petitioner would contend that the petitioner is a layman having no formal school education and obtained the passport with the help of travel agents. He never used any forged documents for availing the passport. It is he himself disclosed the details of his earlier passports while applying for a new one and that itself would show that he had no malafides while getting the earlier passports. The learned counsel would submit that, at any rate, custodial interrogation of the petitioner is quite unnecessary for the investigation in this case. The learned

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B.A.No.7567 of 2021

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counsel also would point out that initially the offences alleged were under Sections 465 and 471 of the I.P.C. and under Section 12(1)(b) of the Indian Passports Act, which are all bailable, but subsequently added the offence under Section 468 of the I.P.C. also, which is non-bailable.

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The learned Public Prosecutor opposes the application on the ground that the petitioner had obtained the earlier passports by forging documents and it may not be said that he did not have any criminal intention when a falsely created certificate with a different name was submitted in the passport office.

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In the copy of the passport earlier obtained by the petitioner the name shown is 'Aleen', whereas the petitioner herein is 'Anees'. The allegations is that the school certificate in the name of someone else was forged and converted it into a false document and submitted the same before the Passport Office to obtain the passport. Of course, it was in the year 2000. But the delay does not reduce the gravity of the offence.

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B.A.No.7567 of 2021

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Considering the nature of the offence, the investigating agency is required to collect some more evidence, and therefore, granting anticipatory bail in the case will adversely affect a proper investigation in the case. Therefore, I am of the view that the application is not liable to be allowed. The application is therefore dismissed, however, with a direction to the petitioner to surrender before the investigating officer within two weeks from today. In the event of his surrendering before the investigating officer, after interrogation and recovery, if any, the petitioner shall be produced before the jurisdictional Magistrate as stipulated under Section 57 of the Cr.P.C. On production, the learned Magistrate shall consider the bail application, if any, is filed as expeditiously as possible, preferably on the same day itself.

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Sd/-

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P.G. AJITHKUMAR, JUDGE

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dkr

Anees H v. State of Kerala

Case brief

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Anees H v. State of Kerala

Case brief

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