SHAHITHA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein seeks pre arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest in connection with Crime No.1626 of 2015 of the Kollam Pallithottom Police Station registered under Sections 466, 468 and 471 of the Indian Penal Code and under Section 12 (1) (b) of the Indian Passport Act, 1967.

(2.) The prosecution case is that in 1999, the petitioner herein obtained a passport by using false and forged documents including forged identity cards, and that later when she lost the first passport, she obtained another one by using such false and forged documents. It is also alleged that these two passports were used by her on different occasions to go abroad. The first Passport No.835573 was obtained in November 1999, and the second passport No.1777543 was obtained in 2010. Anyway, on detection of the forgery, crime was registered B.A No.2961 of 2016 only in October, 2015.

(3.) This application for pre arrest bail is opposed by the learned Public Prosecutor on the ground that the custodial interrogation of the petitioner is absolutely necessary as part of investigation, and that if the accused is now released, she will definitely obstruct the proper and effective investigation.