Binu.K.K vs State Of Kerala
2023 Latest Caselaw 143 Ker

Citation : 2023 Latest Caselaw 143 Ker
Judgement Date : 6 January, 2023

Kerala High Court

Binu.K.K vs State Of Kerala on 6 January, 2023

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
   FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
                    BAIL APPL. NO. 6817 OF 2022
 Crime No.1153/2019 of Nedumbassery Airport Police Station,
                        Ernakulam District,
PETITIONER/ACCUSED:

          BINU.K.K.
          AGED 43 YEARS
          S/O. KESAVANKUTTY,
          KALLATHURATHU HOUSE,
          PAVUKARA P.O., MANNAR,
          KURATTASSERY, ALAPPUZHA DISTRICT., PIN - 689622
          BY ADVS.
          AJITH MURALI
          MOHANAN M.K.

RESPONDENT/STATE:

          STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
          KERALA, PIN - 682031
OTHER PRESENT:

          PP: SMT. Seetha S


    THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 06.01.2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 B.A. No.6817 of 2022             :2:




                       VIJU ABRAHAM, J.
         -- -- -- -- -- -- -- -- -- -- -- -- --
                      B.A. No.6817 of 2022
         -- -- -- -- -- -- -- -- -- -- -- -- --
              Dated this the 6th day of January, 2023

                                 ORDER

This is an application for anticipatory bail.

2. The petitioner is accused No.2 in Crime No.1153/2019 of

Nedumbassery Airport Police Station, Ernakulam District, alleging

commission of offences punishable under Sections 468 and 471 of

Indian Penal Code and Section 12(1)(b) of Passport Act.

3. The prosecution allegation is that, with an intention to get

job in Kuwait, the accused fabricated Kuwait Visa stamping in her

passport and used the same as genuine document and produced

before the Emigration Department of Kochi International Airport

for travelling to Abudabi and while checking, they came to know

that it was a forged passport and thus the accused has committed

the aforesaid offences.

4. The learned counsel for the petitioner submitted that the

petitioner has been falsely implicated in the above said crime. It is

further submitted that the petitioner is engaged in a private service

for processing passport and Visa and since he has no license to

conduct stamping of Visa, he entrusted the same with another

agency in Kozhikode. In connection with the aforesaid crime, the

petitioner has received Annexure B notice under Section 160 Cr.

PC. and he had duly appeared before the Police Authorities and has

given his statement.

5. When the matter was taken up for consideration on earlier

occasion on 22.12.2022, the petitioner was directed by this Court

to appear before the investigating officer on 29.12.2022 and to co-

operate with the investigation. When matter was taken up for

consideration today, the learned Public Prosecutor upon

instructions submitted that the petitioner has duly appeared before

the investigating officer and co-operated with the investigation.

6. Having regard to the facts and circumstances of the case

and considering the nature of the allegations, I am of the opinion

that custodial interrogation of the petitioner may not be required

for the purpose of investigation and only a limited custody be

granted for the same. Therefore, I am inclined to grant bail to the

petitioner subject to stringent conditions. In the result, this

application is allowed. It is directed that the petitioner shall

surrender before the investigating officer on 12.01.2023, at 11

a.m, and subject himself for interrogation. The petitioner shall co-

operate with the investigation. In the event of arrest in Crime

No.1153/2019 of Nedumbassery Airport Police Station, Ernakulam

District, he shall be produced before the jurisdictional Court on the

very same day and shall be released on bail, subject to the

following conditions:-

(i) Petitioner shall execute a bond for a sum of

Rs.50,000/- (Rupees fifty thousand only) with two

solvent sureties each for the like-sum to the

satisfaction of the jurisdictional court ;

(ii) The petitioner shall appear before the

investigating officer in Crime No.1153/2019 of

Nedumbassery Airport Police Station, Ernakulam

District, on every Saturday, at 11 am, until the filing

of the final report;

(iii) Petitioner shall appear before the investigating

officer in Crime No.1153/2019 of Nedumbassery

Airport Police Station, Ernakulam District as and

when summoned to do so;

(iv) The petitioner shall not attempt to contact the

victim or the defacto complainant or interfere with

the investigation or to influence or intimidate any

witness in Crime No.1153/2019 of Nedumbassery

Airport Police Station, Ernakulam District;