Muhammed Sudheer vs State Of Kerala

P.G. Ajithkumar, J.

This is the second application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, 1973.

The petitioner is the sole accused in Crime No.1184 of 2021 of Central Police Station, Ernakulam. The offences alleged are under Sections 468 and

471 of the Indian Penal Code, 1860.

The allegations are that the petitioner forged identity card and enrollment certificate of the Bar Council of Kerala and presented the same in the

Embassy of the United Kingdom purporting to be the original documents issued in his name, for the purpose of obtaining a Visa to immigrate to the

United Kingdom. Therefore, the petitioner committed the alleged offences.

The petitioner has earlier filed B.A.No.8855 of 2021 before this Court. That application was dismissed on 23.12.2021 with the following directions:

'Hence, the bail application is dismissed, with a direction to the petitioner to surrender before the investigating officer within two weeks from today. In the event of

his surrendering before the investigating officer, after interrogation and recovery, if any, the petitioner shall be produced before the jurisdictional Magistrate within

the period stipulated under Section 57 of the Cr.P.C. On production, the learned Magistrate shall consider the bail application, if any, is filed as expeditiously as

possible, preferably on the same day itself.'

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

The petitioner has come forward with the present application contending that in the light of the subsequent developments that Sri.Mohammed Asif

@ Mijo, who is stated to be owner of M/s Emigro Study Abroad Pvt.Ltd., Irinjalakkuda, the establishment which had agreed to arrange Visa for the

petitioner to go United Kingdom, paid Rs.50,000/-initially in three instalments and thereafter Rs.3 lakhs to the petitioner. Annexure A7 is stated to be

bank account details showing the payments. The learned counsel for the petitioner would contend that those payments, particularly Rs.3 lakhs, was

made by the said Mijo in order to see that the investigation in this matter is not progressed so as to rope in him also. It is his further submission that the

said facts would certainly reveal the innocence of the petitioner and in view of that matter, he is entitled to get anticipatory bail.

The learned Public Prosecutor would submit that despite giving notice under Section 41A of Cr.P.C. as early in November 2021 and direction by

this Court as per order dated 23.12.2021, the petitioner refused to appear before the investigating officer and in such circumstances, he is not entitled

to get the discretionary relief of anticipatory bail.

One of the contentions set forth by the petitioner is that, in fact, he is the real victim. That, not only the petitioner, but so many others are also

cheated in similar way. In contending so, the petitioner tried to absolve himself from the liability. However, one alarming fact revealed is that many

persons/institutions working in the area of arranging Visa and transfer documents for prospective employees abroad, often involved in creating false

documents with a view to misrepresent facts and mislead the authorities, including the Foreign Embassies. This crime was registered as early as on

28.07.2021. It appears that the investigating agency did not delve into those aspects of the matter. Serious investigation into such allegations is required

since such incident will tarnish the reputation of the country itself. I hope and expect that the investigating agency will seriously look into the matter

and make all efforts to curb such kind of illegal acts.

The petitioner would further contend that his signature and identification details were obtained by the institution run by Mijo and same were misused

by them. Truth and falsity of the said contention is a matter to be probed into. An application in the name of the petitioner was happened to be

submitted with a false statement and forged document. However, in the light of the fact that even after the registration of the crime, Sri.Mijo sent

money to the petitioner gives credence, to a certain extent, to the contentions of the petitioner that he is a victim of the illegal act committed by

Sri.Mijo. The fact that the petitioner did not respond to the notice issued by the police and also did not obey the directions in the order of this Court

dated 23.12.2021, infact dis-entitles him from seeking for a discretionary relief of anticipatory bail. However, taking into account the present pandemic

situation and the difficulties experienced by people thereby, I am taking a leniet view. At the same time investigation into the matter cannot be

hampered with in any manner. The investigating agency should be able to reach a logical conclusion after collecting all the relevant materials. After

taking all such matters into account, I am inclined to grant anticipatory bail to the petitioner on stringent conditions:

In the above circumstances, this bail application is allowed and the petitioner is directed to surrender before the investigating officer within three

days from today. After interrogation, in the event of his being arrested, he shall be released on bail on his executing a bond for Rs.2,00,000/- (Rupees

two lakhs only), with two solvent sureties for the like amount each, to the satisfaction of the investigating officer, and on the following conditions:

(i) He shall appear before the Investigating Officer on every alternate day between 10.00 a.m. and 12.00 noon for a period of one month;

(ii) He shall not go abroad without the permission of the jurisdictional Court and shall surrender his passport before the investigating officer;

(iii) He shall not influence or intimidate witnesses or tamper with evidence; and

(iv) During the bail period, he shall not get involved in any offence.

In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.