Muhammedali vs State Of Kerala

C.S.Sudha, J

This is an application for pre-arrest bail under Section 438 Cr.P.C. filed by the petitioners/A1 and A2 in Crime No.31/2021 of Cherpulassery Police Station, Palakkad District. The petitioners are alleged to have committed the offences punishable under Sections 419, 465, 468 and 471 r/w Section 34 IPC and also under Section 12(1)(b) of the Passport Act.

The prosecution case is that the first petitioner/A1 obtained a passport in his name using the documents in the name of his brother/the second petitioner/the second accused. The allegation is that several documents were fabricated for the purpose of obtaining a passport in the name of the first petitioner/A1. Hence, the petitioners/accused are alleged to have committed the offence punishable under the above mentioned Sections.

The application is opposed by the learned Public Prosecutor. It is submitted that several documents, including the marriage certificate of the first petitioner as well as the birth certificate of the first petitioner's child has been fabricated. It is also submitted that custodial interrogation of the petitioners is necessary.

In the light of the dictum laid down in Arnesh Kumar v. State of Bihar [(2014)8 SCC 273], it is submitted by the learned counsel for the petitioners that as the offences alleged against the petitioners are punishable with imprisonment for not more than seven years, it is absolutely unnecessary for the police to arrest them or detain them in custody. It also submitted that the petitioners are ready to co-operate with the investigation.

Heard both sides. Perused the records.

In the light of the allegations and the nature of the offences alleged against the petitioners, this Court is not inclined to exercise its discretionary jurisdiction under Section 438 Cr.P.C., especially when the Investigating  Officer is  seeking  custodial interrogation of the petitioners.

Hence, the bail application is dismissed.