Petition filed under Section 438 Cr.P.C. 2. Petitioner is the accused in Crime No.1437 of 2013 of Eravipuram Police Station, Kollam, registered for the offences punishable under Sections 468, 471 and 420 of Indian Penal Code and Section 12(1)(b) of the Indian Passports Act.
3. The allegation against the petitioner is that she had procured an Indian Passport in her name and address as “Mumtas Beegum, w/o.Sujahuddin, Thachamparambil Veedu, Karunagappally, Kollam” as 'A 4624010' on 20.01.1998 and thereafter, by suppressing that aspect, she has obtained another Indian Passport in the name as “Raseena Haris, D/o.Hassanaru Kunju, Raseena Manzil, Eravipuram, Kollam, by producing and making use of the forged copy of the school admission register and copy of the forged ration card etc. on 21.12.2001. She has surrendered the said 2nd Passport and the fine amount also.
4. Heard the learned Senior Counsel for the petitioner and the learned Public Prosecutor as well.
5. The learned Senior Counsel for the petitioner has pointed out that the petitioner has not concealed anything and that her first marriage failed and therefore, she wanted to take a Passport by incorporating the name of her 2nd husband along with her name by which she was known. It has also been pointed out that when the fact came to light, she had willingly surrendered her Passport and explained the matter in detail. According the the learned Senior Counsel, the address shown is not a false address as it is the address of her present husband. Whatever it is, there is an allegation that she has made use of forged documents as genuine for procuring the 2nd Passport.
6. Even though it has been pointed that the investigation can be conducted on the basis of documentary evidence, considering the seriousness of the allegations against the petitioner, this Court is of the view that the investigating officer should get an opportunity to interrogate the petitioner. It is not a fit case, wherein anticipatory bail can be granted.
7. In the result, this bail application is dismissed.
At the same time, if so advised, the petitioner may surrender before the investigating officer within ten days from today and co-operate with the investigation. In such case, the investigating officer can interrogate the petitioners, effect recovery if any, and conduct the investigation and produce the petitioners without delay before the concerned Judicial First Class Magistrate's Court, where the petitioner can move for bail. In such case, the learned Magistrate shall pass appropriate orders, preferably on the same day itself, provided advance notice is served on the Assistant Public Prosecutor in charge of the case.
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B. KEMAL PASHA JUDGE das +++ // True copy // PA to Judge