Abdul Salam vs State Of Kerala And Ors

Petitioner is the second accused in Crime No.1767 of 2017 of Nedumbassery Police Station, registered for offences punishable under Sections 468,

471, 109 and 120(b) r/w 34 of IPC and Section 12(1)(b) of Passport Act, 1967.

According to the prosecution, the first accused was arrested at the Airport, while attempting to leave for Doha on the strength of a forged passport

containing bogus seal of the Cochin International Airport Emigration. On questioning the first accused, he revealed the names of the petitioner and the

third accused, as the persons who had procured the passport for him. Thereupon, the petitioner and the third accused were arrested and a search

conducted at their business premises. The prosecution claims to have seized 18 fake passports during the search.

Learned Counsel for the petitioner submits that the petitioner has no role in the illegal activities conducted by the third accused and that, the only

role attributable to the petitioner, is of having introduced the first accused to the third accused. It is submitted that the first accused has already been

granted bail and that, all necessary documents have been seized by the investigating officer.

The learned Public Prosecutor submitted that, accused Nos. 2 and 3 are partners in crime and are suspected to have supplied forged passports to

many other persons. It is submitted that, as per the notifications received, the petitioner does not have criminal antecedents.

Taking into account the fact that the petitioner was arrested on 10.02.2021 and is having no criminal antecedents, there is no reason for continuing

his custody.

In the result, the bail application is allowed. The petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand

only) with two solvent sureties for the like sum to the satisfaction of the court having jurisdiction. The grant of bail shall be subject to the following

conditions:

i. The petitioner shall appear before the Investigating Officer on the second Saturday of every month or till final report is filed, whichever is earlier.

ii. The petitioner shall surrender his passport to the investigating officer, who shall thereupon produce the passport before the jurisdictional court. shall

not

iii. The petitioner intimidate or attempt to influence the witnesses.

iv. The petitioner shall not commit any similar offence while he is on bail.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and

pass appropriate orders in accordance with the law.