ABDUL NAZIR Vs. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN CODE NO.682031 AND OTHER

JUDGEMENT

(1.) This application is filed under section 438 of the Code of Criminal Procedure, 1973.

(2.) The applicant herein is now arrayed as the 3rd accused in Crime No.2693 of 2016 of the Karunagapally Police Station. The aforesaid crime has been registered under Sections 420, 465, 468 and 471 of the Indian Penal Code and Section 12(1)(b) of the Passport Act, 1967.

(3.) According to the prosecution, the 1st accused in the aforesaid crime obtained a passport in the year 2002. He was aged about 17 years at that stage. His parents were separated and he was under the care and supervision of his grandmother, who was working abroad. It is alleged that the grandmother of the 1st accused used her influence to procure a fake passport in the name of the 1st accused by fabricating documents. The passport was issued to the 1st accused on 17.01.2002 and it was later renewed on 09.02.2009. While considering the request for renewal, an enquiry was conducted and it was revealed that the details furnished by the applicant were not correct. The 1st accused was arrested on 06.04.2017 when he landed in the Airport. He moved an application for bail, which was allowed by this Court on 29.11.2017. While disposing the bail application, this Court in its order dated 29.11.2017, had observed about the involvement of the parents of the applicant. Relying on the said observation, the mother of the applicant was arrayed as the 2nd accused. She was later granted pre-arrest bail by this Court. The applicant herein is a retired police officer, who is alleged to have submitted a report in the year 2002 in favour of the 1st applicant without conducting a proper enquiry.