IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 Bail Appl..No. 4877 of 2009() ------------------------------------------ CRIME NO.477/2009 OF KANNUR TOWN POLICE STATION. .................... PETITIONER/ACCUSED NO.1: ------------------------------------------- V.K.UBAISE, S/O.KUNHAHAMMED, AGED 29 YEARS, VELAPURATH KARIYIL, CHORUKKALA, BAVUMPARAMBA ROAD, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.S.MAMMU RESPONDENT/STATE & COMPLAINANT: ------------------------------------------------------ STATE OF KERALA, STATION HOUSE OFFICER, KANNUR TOWN POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, THALASSERY. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4877 of 2009 ------------------------------------ Dated this the 28th day of August, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No. 477/2009 of Kannur Town Police Station. 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 the following: On 26/7/2009, the first accused gave 30 numbers of hundred rupee currency notes to a dealer of mobile phone. The shop owner got suspicion as to the genuineness of the currency notes. He informed the police. Police came. On verification, it was found that the currency notes given by the first accused were counterfeit currency notes. The first accused was arrested. He was questioned. He stated that the second accused supplied the currency notes to him. It was also stated by the first accused that he has got 40 other notes with him at his residence at Taliparamba. The police party took the first accused to B.A. No. 4877/2009 2 Taliparamba and recovered 40 counterfeit currency notes from his residence. The second accused was also arrested. On his body search, 300 numbers of counterfeit currency notes of hundred rupee denomination and 2 numbers of counterfeit currency notes of one thousand rupees denomination were recovered. It is stated that the second accused disclosed that the counterfeit currency notes were given to him by one Basheer. On search of the house of Basheer, fake currency notes worth Rs.5,000/- were seized. Basheer could not be arrested as he was not available. 4. Offence alleged against the petitioner is very grave. It is true that he is in judicial custody since 27/07/2009. That by itself is not a ground for granting bail. From the facts narrated above,it is clear that there is a racket behind the circulation of counterfeit currency notes in the area. The source of counterfeit currency notes is to be found out. All the persons involved in the offence are to be brought to book. If the petitioner is released on bail, any endeavor to bring to book the real culprits would be practically impossible. It is also likely that the petitioner may B.A. No. 4877/2009 3 tamper with the evidence and intimidate or influence the witnesses. In the interests of justice, it is not proper to release the petitioner on bail at this stage . The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm