Shamsudeen Kunju v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 21ST DAY OF JULY 2015/30TH ASHADHA, 1937 Bail Appl..No. 2200 of 2015 () ------------------------------- CRIME NO. 227/2015 OF VARKALA POLICE STATION, THIRUVANANDAPURAM ------------------ PETITIONER/ACCUSED NO. 2 :

------------------------------------------ SHAMSUDEEN KUNJU, AGED 49 YEARS, S/O.HAMED KUNJU, WORKING AS SCPO, AYIROOR POLICE STATION, NOW RESIDING AT KUNNIL PUTHEN VEEDU, VAVVAKKAVU VAVVAKKAVU POST, KARUNAGAPPALLY, KOLLAM BY ADV. SRI.K.P.SUJESH KUMAR RESPONDENT/COMPLAINANT :

------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.V.S. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K. ABRAHAM MATHEW, J.

==================== B.A.No. 2200 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of July, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner is alleged to have committed the offences under Sections 420, 463, 465, 471, 201 read with Section 34 of the Indian Penal Code and 12(1)(b) of the Indian Passports Act, 1967. The prosecution case is that on the basis of certain false documents, the first accused obtained a passport. The allegation against the petitioner is that he who was working as a Civil Police Officer did the verification and he filed a false report in favour of the petitioner which resulted the issuance of the passport. 3.

Heard.

4.

But for the false report filed by the petitioner, the Passport Officer would not have issued the passport to the co-accused. Prima facie, the petitioner is guilty of the offences alleged against him. This is not a fit case to grant anticipatory bail.

In the result, this application is dismissed. Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge