VIJAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No. 16 75 of 2009 of Nedumbassery Police Station, Ernakulam District. The offences alleged against the petitioner are under Sections 419, 468 and 471 of the Indian Penal Code and Section 12(1)(b) and (d) of the Passports Act, 1967.

(2.) The prosecution case, in brief, is the following: On 8.10.2009, the petitioner (Vijayan) left for Dubai from Nedumbassery Airport. On landing in Dubai, the airport authority of Dubai International Airport entertained a suspicion about the genuineness of the Indian Passport held by the petitioner. On scrutiny, the passport was found to be not genuine. The petitioner was deported to India. Nedumbassery police registered the crime and arrested the petitioner on his arrival to Nedumbassery Airport. The allegation is that the petitioner, who is a holder of an Indian Passport, got the passport of one Mohammed Kunhi, removed the photograph of Mohammed Kunhi, affixed the photograph of the petitioner in that place and thus, forged a passport to suit his convenience. The prosecution alleges that the petitioner is involved in some activities in Mumbai and he used to frequently go abroad and come back to India. The prosecution suspects that the petitioner is involved in smuggling activities.

(3.) The learned counsel for the petitioner submitted that the petitioner was arrested on 10.10.2009 and he continues to be judicial custody since then. There is no reason why he should be detained further.