Nazeer v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 6TH DAY OF AUGUST 2015/15TH SRAVANA, 1937 Bail Appl.No. 161 of 2015 ------------------------------------ CRIME NO. 3934/2014 OF KARUNAGAPALLY POLICE STATION, KOLLAM ........

PETITIONER(S)/ACCUSED:

-------------------------------------- NAZEER, AGED 40 YEARS, KUTTIYLI PADEETTA THIL, ADHINADU SOUTH, KATTIYKADAVU, KARUNAGAPPALLY.

BY ADV. SRI.M.R.SASITH RESPONDENT(S):

--------------------------

1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 035.

2. THE SUB INSPECTOR OF POLICE, KARUNAGAPPALLY POLICE STATION-690 001.

BY PUBLIC PROSECUTOR SMT.REMA R.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

K. ABRAHAM MATHEW, J.

==================== B.A.No.161 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of August, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner is the accused in Crime No. 3934 of 2014 of Karunagapally Police Station. He is alleged to have committed the offences under Section 468, 471 of the Indian Penal Code and Section 12(1)(b) of Passport Act. The prosecution case is that he went to Soudi Arabia on the strength of a fake passport and later he applied for a fresh passport on the basis of the fake passport. 3.

Heard.

4.

It is not in dispute that the passport he was holding was a fake one. Learned counsel submits that the petitioner was not aware of it, he obtained it from the agent through whom he applied for the passport. This is a defence anybody can take. The very fact that he was holding a fake passport and went abroad using it alone is sufficient to dismiss this bail application. In the result, this application is dismissed. Sd/- K. ABRAHAM MATHEW, JUDGE DST //True Copy// P.A. To Judge