Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH TUESDAY, THE28H DAY OF JANUARY20148TH MAGHA, 1935 Bail Appl..No. 260 of 2014 () ------------------------------ CRIME NO. 1757/2013 OF POOYAPPALLY POLICE STATION, KOLLAM DISTRICT. ........ PETITIONER/1ST ACCUSED: ----------------------------------------- GOPAKUMAR, AGED46YEARS, S/O.PRABHAKARAN, EDAKKAVIL VEEDU, KATTAYIL, ODANAVATTOM P.O., KOTTARAKKARA. BY ADV. SRI.A.RAJASIMHAN. RESPONDENT: INVESTIGATING OFFICER: -------------------------------------------------------------- STATE OF KERALA, THROUGH SUB INSPECTOR OF POLICE, POOYAPPALLY POLICE STATION, KOLLAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.SREEJITH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2801-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. THOMAS P. JOSEPH, J.
========================= Bail Application No.260 of 2014 ============================ Dated this the 28th day of January, 2014 ORDER
Petitioner is the 1st accused in Crime No. 1757 of 2013 of the Pooyappally police station for the offences punishable under Secs.419, 420, 464, 466, 467, 468, 471 and 474 r/w. Sec. 34 of the Penal Code and Secs. 12(a) (b) (d) and (e) of the Passport Act, apprehends arrest and has filed this application.
2. Learned Public Prosecutor has opposed the application. It is submitted that the petitioner affixed his photograph in the passport of the second accused who is his twin brother and went abroad on 27.09.1997.
3. Learned counsel submits that the investigating officer has not so far looked into the application for passport preferred by the second accused in the year, 1997 to see which is the photograph affixed thereon. It is submitted that the passport in question was seized from the B.A No. 260 of 2014 2 possession of the second accused who is already released on bail by this court as per Order in B.A. No. 526 of 2014. A further submission is that the passport in question was renewed in the year, 2012.
4. Certainly the above matters are to be looked into by the investigating agency particularly as the petitioner and the second accused are twin brothers.
5. Having regard to the circumstances, I am inclined to think that the petitioner should be made available for interrogation. At the same time I am inclined to think that the investigating agency has also to look into the contentions the petitioner has raised and stated above. In the circumstances, the application is disposed of as under:- 1) Petitioner shall surrender before the officer investigating Crime No. 1757 of 2013 of the Pooyappally police station on 05.02.2014 at 10:00 a.m. for interrogation. 2) In case interrogation is not completed that day, the said officer can direct the petitioner to appear before him on any other date/dates and time which he shall comply. B.A No. 260 of 2014 3 3) In case the petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day. 4) On such production it is open to the petitioner to seek bail with intimation given to the Assistant Public prosecutor concerned at least three working days in advance. 5) If for any reason the investigating officer requires custody of the petitioner, it is open to the investigating officer to move application before the learned magistrate. 6) Learned magistrate shall dispose of the application (s) as early as possible considering all relevant circumstances including whether the investigating agency has in spite of getting sufficient opportunity investigated into the circumstances mentioned above and other relevant circumstances and pass appropriate orders as early as possible. Sd/- THOMAS P.JOSEPH, JUDGE //true copy// P.A. to Judge Smv B.A No. 260 of 2014 4