Petitioner is 2nd accused in Crime No.721 of 2013 of the Nedumbasseri Police Station for the offences punishable under Sections 468 and 471 of the Indian Penal Code, Section 12 (1) (a) and (d) of the Passport Act apprehends arrest and has filed the application.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 18.05.2013 at about 3.25 p.m., the 1st accused came to the Nedumbasseri Airport from Saudi Arabia. Verification of the passport revealed that his date of birth therein was corrected unauthorisedly. It is understood that the petitioner who is running a travel agency has made the aforesaid correction to facilitate job for the first accused abroad as a driver.
3. Learned counsel submits that the allegations are not true. The petitioner who is a travel agent had only arranged ticket for travel of the first accused from Saudi Arabia to Nedumbasseri. According to the learned counsel, alleged forgery was by the first accused while he was in Saudi Arabia.
4. The Police have to investigate the matter. Plea of the petitioner is also to be looked into. In the circumstances, a blanket order for pre-arrest bail cannot be allowed. But I am inclined to issue directions.
Application is disposed of as under:
(i) Petitioner shall surrender before the Officer investigating Crime No.721 of 2013 of the Nedumbasseri Police Station on 27.06.2014 at 10 a.m for interrogation.
(ii) In case interrogation is not completed that day, it is open to the officer concerned to direct presence of the petitioner on other day/days and time as may be specified by him which the petitioner shall comply.
(iii) In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day where, it is open to the petitioner to move application for regular bail with intimation given to the Assistant Public Prosecutor concerned at least, two working days in advance.
(iv) If for any reason custody of the petitioner is required, investigating officer can move application for that purpose before the learned magistrate.
(v) Learned magistrate shall consider the application(s) having regard to all relevant circumstances including whether custody of the petitioner is required for any purpose and pass appropriate orders as early as possible.
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge