Ashraf Azeez vs State Of Kerala

The applicant is the sole accused in Crime No.1144/2020 of Vanchiyoor Police Station, Thiruvananthapuram, for having allegedly committed

offences punishable under Sections 468, 471 of and under Section 12 (1)(b) of the Passport Act, 1967.

The prosecution case, in brief, is that with the intention to obtain a fake passport, the applicant made an application before the Thiruvananthapuram

Passport office on 26.11.2007 with a forged S.S.L.C book and his electoral I.D Card showing his address at Kollam. When the term of the passport

expired, the applicant approached the Passport Office again for the renewal of his passport along with which he produced another S.S.L.C book and

electoral I.D card which confirmed that the earlier documents produced by him were forged. The applicant has approached this Court for anticipatory

bail, but the same was rejected by this Court vide order dated 17.11.2020 in B.A No.7285 of 2020. The applicant surrendered on 26.11.2020 and has

been remanded to judicial custody and continues to remand.

The applicant states that he was only 18 years old and he had applied for a passport for the first time in 2007. He had entrusted his documents to a

travel agency who had produced documents before the Passport Office for getting the passport. He does not even know what all documents were

produced at the time of obtaining the passport in the year 2007 when he was hardly out of humanity. It is only subsequently when the term of the

passport had expired, he applied for a fresh passport and produced his S.S.L.C certificate which was rejected on the ground that he had earlier

obtained a passport with forged S.S.L.C book. The applicant has been in custody since 26.11.2020 and therefore he seeks regular bail.

Heard the learned counsel for the applicant and the learned Public Prosecutor.

The learned Public Prosecutor submits that the applicant has not been cooperating with the investigation and the allegedly forged S.S.L.C book has

not been recovered because of his non-co- operation.

The applicant undertakes to co-operate with the investigation and there is no likely chance to abscond. Under circumstances, I find that further

incarceration of the applicant may not be necessary.

In the result, the bail application is allowed and the applicant is directed to be released on bail on execution of bond for Rs.50,000/- (Rupees Fifty

thousand only) with two solvent sureties for the like amount each to the satisfaction of the jurisdictional court and on the following condition;

He shall appear before the investigating officer on alternate Saturdays within 9.00 a.m and 12.00 noon for a period of three months or till filing of

the final report whichever is earlier.

In the event of violating the bail condition, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.