IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Bail Appl..No. 9786 of 2011 CRIME NO.27 OF 2003 OF PERUNAD POLICE STATION, PATHANAMTHITTA. PETITIONER/2ND ACCUSED: ------------------------------------------- ASSIS, AGED 47 YEARS, S/O.ALLAPICHA, PALLIMURUPPEL HOUSE, VALLAMCHUZHI, PATHANAMTHITTA (NOW RESIDING AT PILAKKAVIL HOUSE, EDAYOOR, THIROOR, MALAPPURAM). BY ADV. SRI.K.S.SIVA KUMAR RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM (CRIME NO.96/CR/CT/03 CBCID-FROM CRIME NO.27 OF 2003 OF PERUNAD POLICE STATION.) PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9786 OF 2011 ------------------------------------------------------ Dated this the 2nd day of December, 2011 O R D E R The petitioner filed B.A.No.9078 of 2011, which was dismissed by the order dated 18th November, 2011. For the sake of convenience, the order dated 18th November, 2011 is extracted below: “This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.27 of 2003 of Perunad Police Station (CBCID Crime No.96/CR/CT/03). 2. The offences alleged against the petitioner are under Sections 489-B and 489-C of the Indian Penal Code. 3. The prosecution case is that on 31/01/2003, accused No.1 handed over three currency notes to the de facto complainant, an auto rickshaw driver. The auto rickshaw driver gave two currency notes to one Vinodini, whose husband was running a shop. A suspicion arose as to the genuineness of the currency notes. The matter BAIL APPL. NO.9786 OF 2011 :: 2 :: was reported to the police by the auto rickshaw driver. The first accused was arrested in 2003. It was revealed that the petitioner handed over five fake currency notes of the denomination of Rs.100/- to the first accused on the understanding that the first accused need to pay half of the amount to the petitioner (second accused) and that too after circulating the currency notes by the first accused. The second accused was found absconding. Every effort made by the police to locate him became futile. The police party even went to Valanchery, where the petitioner was residing with his wife in a rented house. Even there, the petitioner could not be found. At last, the petitioner was arrested on 19/10/2011 and he was remanded to judicial custody. 4. The investigation is not over. C.B.C.I.D. is investigating the case. It is submitted by the learned Public Prosecutor that the investigation could not be completed earlier since accused No.2 was absconding. It is also submitted that if the petitioner is released on bail, he would abscond and intimidate and influence the witnesses and tamper with the evidence. 5. I have gone through the C.D. file. With great difficulty, the petitioner could be arrested on 19/10/2011 in a crime registered in 2003. BAIL APPL. NO.9786 OF 2011 :: 3 :: 6. If the petitioner is released on bail at this stage, it is most likely that he would make himself scarce. It is also likely that he would influence and intimidate the witnesses and tamper with the evidence. For the aforesaid reasons, the Bail Application is dismissed.” 2. The present Bail Application is filed on 23.11.2011. I do not find any change of circumstance warranting a fresh look into the matter. The investigation is pending. The petitioner could not be arrested for about eight years as he was absconding. It is not proper and safe at all to release the petitioner before the investigation is over. The Bail Application is, accordingly, dismissed. (K.T.SANKARAN) Judge ahz/