Kerala High CourtThe vs Unknown on 9 November, 2012Author:P.BhavadasanBench:P.BhavadasanIN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT:

                THE HONOURABLE MR.JUSTICE P.BHAVADASAN

        FRIDAY, THE 9TH DAY OF NOVEMBER 2012/18TH KARTHIKA 1934

                    Bail Appl..No. 7925 of 2012 ()
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           IN CRIME NO.232/2010 OF KADAKKAVUR POLICE STATION

ACCUSED(S):
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         R.PRAKASH ALIAS MANI,, AGED 56 YEARS
         S.P. NIVAS, THINAVILA, KIZHAYINGAL VILLAD
         KIZHAYINGAL, CHIRAYINKEEZHU TALUK
         THIRUVANANTHAPURAM.

         BY ADVS.SRI.K.J.SAJI ISAAC
                 DR.ELIZABETH VARKEY

COMPLAINANT(S):
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         STATE OF KERALA
         REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA

         BY  PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN

       THIS BAIL APPLICATION  HAVING COME UP FOR ADMISSION  ON
       09-11-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:



ds



                      P. BHAVADASAN, J.
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                    B.A No. 7925 of 2012
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         Dated this the 9th day of November, 2012


                            ORDERThe petitioner is one of the accused in Crime No.232/2010

of Kadakkavur Police Station, who along with others are alleged

to have committed the offences punishable underSections 466and471IPC r/wSec.3and Sec. 12(b) of the Indian Passport

Act.2.    The allegation against the petitioner is that he had

countersigned an application for passport of one Anilkumar, who

is the accused in the above crime. Petitioner would say that he

was the ward member of Kadakkavur Grama Panchayath and in

that capacity, had countersigned the said application. He says

that he is not aware about the true facts. According to him, he

is falsely implicated.3.    Learned Public Prosecutor opposed the petition

pointing out that the investigation is at an infant stage.4.    After having heard the learned Public Prosecutor andB.A. No. 7925 of 20122also the learned counsel appearing for the petitioner, the claim

of the petitioner that he is innocent, does not appear to be true.

Further probe into the matter is not warranted at this point of

time.    Suffice to say that, considering the totality of the

circumstances and the material against the petitioner, preclude

this court at this stage to exercise its extraordinary jurisdiction in

favour of the petitioner. Petition is accordingly dismissed.However, if so, advised, the petitioner may surrender

before the investigating officer on or before 17/11/2012, who

after interrogation, shall produce him before the JFCM concerned.

If the petitioner moves an application for bail before the said

court, the learned Magistrate shall consider and pass orders

thereon in accordance with law.Sd/-P. BHAVADASAN, JUDGE

Scl.True Copy


                                               PA to Judge