High Court of KeralaSingle Judge2023-06-27Granted anticipatory bail

Shafi Chembarikayil v. State of Kerala and Inspector of Police, Melparamba Police Station, Kasaragod District

Case / Petition Number:BAIL APPL. NO. 4228 OF 2023

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: VIJU ABRAHAM
Judgment Date: 2023-06-27
Court Decision / Holding: The court granted anticipatory bail to the petitioner with conditions for limited custody, surrender on 03.07.2023, appearance as summoned, cooperation with investigation, bond of Rs. 50,000 with two solvent sureties, and restrictions against tampering with evidence, contacting witnesses, or engaging in further crimes while on bail. The decision cites the Apex Court’s guidance in Sushila Aggarwal v. State (NCT of Delhi) and another and acknowledges the police’s power to investigate and effect recoveries even while the accused is on bail.
Final Disposition: Granted anticipatory bail

Parties to the Case

Appellants / Petitioners

Shafi Chembarikayil

Respondents

State of Kerala rep by Public Prosecutor, High Court of Kerala
Inspector of Police, Melparamba Police Station, Kasaragod District

Legal Representation & Advocates

Counsels for Petitioners

• N. Jagath Salish Aravindakshan

Counsels for Respondents

• Johny Joseph (Public Prosecutor)

Case Synopsis & Summary

This is an anticipatory bail application in Bail Application No. 4228 of 2023, before the Kerala High Court, involving Shafi Chembarikayil, accused in Melparamba Police Station Crime No. 486/2022. The petitioner is charged with offences under Section 12(1)(b) of the Passport Act, 1967 and Sections 465 and 468 of the IPC, alleging passport forgery and possession of two passports (Z 2922363 and A1773251). The prosecution alleges a long period of alleged passport forgery from 1995 to 2022, with the latest passport (Z 2922363) issued in 2015 after multiple renewals. The petitioner contends falsity of the allegations, claiming a single passport was used for travel; Annexure 1 shows renewal of that passport, and Annexure 2 indicates a Karnataka case where anticipatory bail was granted in a related matter. The defense emphasizes enmity with the defacto complainant, and that there is no concrete evidence that a second passport was in his possession or delivered to him. The Public Prosecutor counters that the second passport’s issuance and renewals point to possible misuse, but admits no passport was recovered at the house. The court evaluates the gravity of charges, prior bail history, and the necessity of limited custody for investigation, ultimately granting anticipatory bail with conditions.

Provisions of Law Cited

Passport Act, 1967 - Section 12(1)(b)Indian Penal Code - Section 465Indian Penal Code - Section 468Indian Penal Code - Section 302

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends he has been falsely implicated and subjected to proceedings due to enmity with the defacto complainant. He states that he applied for a passport in 1995 through an agent and has used that passport for international travel; the claim of possessing two passports is false. Annexure 1 shows the passport Z 2922363 was renewed multiple times; Annexure 2 indicates a Karnataka order granting anticipatory bail in a related matter. He argues there is no material showing delivery of a second passport to him, and no travel evidence linked to the additional passport. He notes prior bail rejection on 07.10.2022 in a different matter but emphasizes the investigation has progressed; despite the serious charges, he is prepared to surrender for limited custody, cooperate with investigators, and comply with bail conditions; the absence of flight risk and personal circumstances (education level) are cited in his favor.

Contentions of Respondents

The State counters that the accusation concerns possession of two Indian passports and potential forgery, with a search yielding no passport at the residence but establishing the chronology of two passport numbers (A1773251 and Z 2922363) eventually linked to renewals. It is argued that the passport numbers show a pattern of renewal through consular channels, suggesting misuse, and that there is a possibility of travel or tampering with witnesses if bail is granted. While a Karnataka court granted anticipatory bail in a related case, this does not undermine the seriousness of the present allegations. The prosecution urges caution and suggests stringent bail conditions to ensure cooperation and non-interference with investigations and witnesses.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Sushila Aggarwal and others v. State (NCT of Delhi) and another	2020 (1) KHC 663	Positive	Cited to support that police may investigate and effect recoveries even when the accused is on bail; used as authority for bail conditions and investigation power.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE VIJU ABRAHAM** **TUESDAY, THE 27[TH] DAY OF JUNE 2023 / 6TH ASHADHA, 1945** **BAIL APPL. NO. 4228 OF 2023** **CRIME NO.846/2022 OF MELPARAMBA POLICE STATION, Kasargod** **PETITIONER:** SHAFI CHEMBARIKKAYIL AGED 47 YEARS S/O ABDUL KHADER CHEMBARIKKAYIL, CHAPPA HOUSE, CHEMBARIKKA, KALANAD P.O. KASARGOD DISTRICT, PIN - 671317 BY ADVS. N.JAGATH SALISH ARAVINDAKSHAN ## **RESPONDENTS:** 1 STATE OF KERALA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 INSPECTOR OF POLICE MEEPARAMBA POLICE STATION , KASARGOD DISTRICT, PIN – 671317 PP- JOHNY JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **B.A. No. 4228 of 2023 2** ## **VIJU ABRAHAM, J.** **-------------------** ## **B.A. No. 4228 of 2023** **---------------------------------Dated this the 27[th ] day of June, 2023** ## **ORDER** Application for anticipatory bail. 2. The petitioner is the accused in Crime No.486 of 2022 of Melparamba Police Station, Kasaragod District, alleging commission of offence punishable under Sections 12(1)(b) of Passport Act 1967 and Section 465 and 468 of IPC. 3. The prosecution allegation is that during the period from 26.07.1995 to 23.08.2022 the accused forged an Indian passport and was in possession of 2 passports,bearing Passport No. Z 2922363 and A1773251 and thereby the accused has committed the aforesaid offences. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. The learned counsel for the petitioner submitted that he has been falsely implicated in the ## **B.A. No. 4228 of 2023 3** aforesaid crime and a complaint has been preferred due to previous enmity with the defacto complainant. The petitioner submits that the entire allegations against him are false. The petitioner is a school dropout and has studied only up to 7th std. In the year 1995, the petitioner applied for a passport through an agent and he has been using the said passport while traveling abroad. The allegation that the petitioner possessed two passports is absolutely false and he is not aware of the 2nd passport issued in his name other than the passport he is still using, bearing no. Z 2922363 and Annexure 1 would reveal that the same has been renewed three times. As regard the allegation of having been involved in a 302 offence (Crime No. 18/2020 of Nelogi Police Station, Karnataka), petitioner submits that as per Annexure 2 order, the petitioner has been granted anticipatory bail by the District and Sessions Court, Kalburugi, Karnataka. Defacto complainant is in inimical terms with the petitioner. Though an application for bail was moved earlier, the same was ## **B.A. No. 4228 of 2023 4** rejected by Annexure 3 order on 07.10.2022 and the petitioner was unable to produce Annexure A1 and A2 documents at the time of filing of the earlier bail application. 6. Learned Public Prosecutor submits that the allegation against the petitioner is that he possess two Indian Passports and though a search was conducted in the petitioner’s house, no passport or evidence could be seized from there. It is further submitted that passport bearing no. A 1773251 was issued on 11.10.1996 and inquiry revealed that it is the original passport but the same was never used for travel till date. It is also submitted that there is no evidence to prove that passport was delivered to the applicant. The investigation further revealed that another passport bearing no. U 700854 was issued on 26.07.1995 and the same has been re-issued three times from the Consulate General of India, Dubai and the latest re-issue was as passport no. Z 2922363 on 17.02.2015. It is also admitted that in Crime No. 18/2020 of Nelogi Police ## **B.A. No. 4228 of 2023 5** Station, Karnataka, the petitioner was granted bail. It is also submitted that it could be presumed by circumstantial evidence that the petitioner is holding passport with a forged name and address. 7. I have considered the bail application of the petitioner on 07.10.2022 as per Annexure 3 order rejected the same. The investigation has progressed considerably. Though the petitioner has been alleged to have been involved in a crime alleging commission of offence punishable under Section 302 IPC, he was granted anticipatory bail as per Annexure 2 order. The passport now being used by the petitioner has been renewed thrice. Considering the facts and circumstances of the case, I am of the opinion that the petitioner could be granted anticipatory bail, granting limited custody for the purpose of investigation. The petitioner shall surrender before the investigating officer on 03.07.2023 and make himself available for interrogation on that day or any other day/days between 10.00 am and 5.00 pm, as directed by the ## **B.A. No. 4228 of 2023 6** investigating officer and co-operate with the investigation. In the event of arrest of the petitioner in Crime No.486 of 2022 of Melparamba Police Station, the petitioner shall be produced before the jurisdictional Magistrate on the same day and shall be released on bail on the following conditions: _(i) The petitioner shall execute a bond for sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;_ _(ii) Petitioner shall appear before the investigating officer in Crime No.486/2022 of Melparamba Police Station as and when summoned to do so;_ _(iii) Petitioner shall co-operate with the investigation and make himself available for interrogation whenever required;_ _(iv) Petitioner shall not tamper with any evidence;_ _(v) Petitioner shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;_ ## **B.A. No. 4228 of 2023 7** _(vi) Petitioner shall not involve in any other crime while on bail._ If any of the aforesaid conditions are violated, the Investigating Officer in Crime No.486/2022 of Melparamba Police Station, may file an application before the jurisdictional court for cancellation of bail. It is made clear that it is within the power of the police to investigate the matter and if necessary to effect recoveries on the information if any given by the petitioner even when the petitioner is on bail as per the judgment of the Apex Court in _**Sushila Aggarwal and others v. State (NCT of Delhi) and another (2020 (1) KHC 663)**_ . sd/- **VIJU ABRAHAM,JUDGE** pm **B.A. No. 4228 of 2023 8** ## **APPENDIX OF BAIL APPL. 4228/2023** PETITIONER ANNEXURES Annexure1 RELEVANT PAGES OF PASSPORT BEARING NO. Z2922363 ISSUED ON 17.02.2015 Annexure2 ORDER OF IIIRD ADDL. DISTRICT & SESSIONS COURT , KALBURUGI IN CRL. MISC.NO. 141/2022 DATED 28-01-2022 Annexure3 COPY OF ORDER OF HON'BLE HIGH COURT OF KERALA IN BAIL. APPL. NO. 6915/2022 DATED 07-10-2022