IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 Bail Appl..No. 633 of 2010 CRIME NO.10 OF 2010 OF KASABA POLICE STATION, KOZHIKODE PETITIONER: ACCUSED NO.1: -------------------- E.P.AHAMMED, AGED 35 YEARS, S/O. HYDRU, PONGARATH VEETTIL, ENNAPADAM, KALLAYI P.O., KOZHIKODE. BY ADV. SRI.ELDHO PAUL RESPONDENTS: COMPLAINANT: --------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTROR OF POLICE, KASABA POLICE STATION, KOZHIKODE. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/02/2010, THE COURT ON 19/02/2010 PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 633 OF 2010 ------------------------------------------------------ Dated this the 19th day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.10 of 2010 of the Kasaba Police Station, Kozhikode District. 2. The offences alleged against the petitioner are under Sections 489B and 489C of the Indian Penal Code. 3. The gist of the prosecution case is the following: On getting secret information that one Joseph Christy of Mananthavady had kept a tiger skin for sale, as per the direction of the Divisional Forest Officer, Flying Squad, Kozhikode, the Forest Range Officer, Flying Squad, Kalpetta made enquiries. He got information that Joseph Christy was interested in the sale of the tiger skin. Joseph Christy was contacted and he expressed his desire to sell the tiger skin. Joseph Christy was staying in Alaska Hotel, Mananthavady. On 5.1.2010, the forest officials met Joseph Christy under the pretext B.A. NO. 633 OF 2010 :: 2 :: that the former were the intending purchasers of tiger skin. Joseph Christy informed them that tiger skin was kept in Karnataka and that it was not readily available at Mananthavady. Joseph Christy informed them that he could arrange counterfeit Indian currency notes printed in Pakistan. He stated that the counterfeit currency notes were just like the original Indian currency notes. The forest people stated that they were willing to purchase the same. Joseph Christy informed them that dealing in counterfeit currency notes could be had only at Kozhikode. Joseph Christy also stated that he used to sell Valampirisanghu, tiger skin, leopard skin, etc.. He stated that he was also engaged in the business of making “black money” into “white money”. Joseph Christy (accused No.2) directed Dinesan and Wilson (accused Nos.3 and 4) to meet him at Alaska Hotel. He also stated that he had an urgent appointment at Chundale. Necessary instructions were given by Joseph Christy to Dinesan to arrange the counterfeit currency notes. Joseph Christy, Dinesan, Wilson and the forest officials (who pretended themselves as the customers) proceeded to Kozhikode in a vehicle, bearing registration No.KL-13K.8152. Other forest officials followed them in two other vehicles. Joseph Christy alighted from the vehicle at Chundale. When they reached near Kallayi bridge at B.A. NO. 633 OF 2010 :: 3 :: Kozhikode, Dinesan contacted E.P.Ahammed (petitioner – accused No.1) over phone and informed him that one party was available for purchasing counterfeit currency notes worth Rs.8 lakhs. E.P.Ahammed arranged Siji (accused No.5) to bring the currency notes. Siji and another man came to the arranged spot on a motor bike. Siji was carrying counterfeit currency notes. He entrusted the currency notes to E.P.Ahammed. Dinesan requested E.P.Ahammed to entrust the counterfeit currency notes to the purchasers (forest officials). When E.P.Ahammed was counting the currency notes sitting in the vehicle, the forest officials apprehended him. The other accused ran away from the spot. It was found that E.P.Ahammed had with him sixteen bundles of counterfeit currency notes of the denomination of Rs.500/-. E.P.Ahammed was apprehended and the counterfeit currency notes and the motor bike were seized. A total number of 1572 counterfeit currency notes of the denomination of Rs.500/-, having the value of Rs.7,86,000/- were seized from Ahammed. A mahazar was prepared. The Range Officer, Flying Squad Range, Kozhikode entrusted the petitioner to the Station House Officer, Kozhikode Police Station. The counterfeit currency notes, the motor bike, the mahazar etc. were also handed over to the police. Crime No.10 of 2010 was accordingly registered. B.A. NO. 633 OF 2010 :: 4 :: 4. The petitioner was arrested on 5.1.2010 and he was remanded to judicial custody on 6.1.2010. Accused Nos.2 to 4 were arrested on 7.1.2010. The investigation is in progress. The case was later transferred to CBCID, Kozhikode Sub Unit for investigation. The CBCID took over investigation on 25.1.2010. As on 3.2.2010, accused Nos.5 and 6 were not arrested. It is submitted by the learned Public Prosecutor that detailed investigation is necessary to find out the source of the counterfeit currency notes and as to how the accused persons got the counterfeit currency notes allegedly printed in Pakistan. 5. The learned counsel for the petitioner submitted that the petitioner is innocent of the allegations levelled against him. He is in judicial custody since 6.1.2010. There is no reason why he should be detained further. 6. The offences alleged against the accused are grave in nature. It is alleged that the currency notes in question were printed in Pakistan. The number of cases of trafficking in counterfeit currency notes is alarmingly high in the State of Kerala. B.A. NO. 633 OF 2010 :: 5 :: 7. Section 489 B of the Indian Penal Code provides that whoever sells to, or buys or receives from, any other person, or otherwise traffics in or uses as genuine, any forged or counterfeit currency notes or bank note, knowing or having reason to believe the same to be forged or counterfeit, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extent to ten years, and shall also be liable to fine. The far reaching consequences of the circulation of counterfeit currency notes in the country were borne in mind by the law makers. Circulation of counterfeit currency would cause irreparable harm to our economy. Existence of a parallel economy would be highly detrimental to the growth of the nation. It affects the society as a whole. Offences affecting the people at large are to be viewed in a different angle. In such cases, harm would be caused not to an individual or to a few individuals. The adverse impact of trafficking in counterfeit currency in a large scale would be disastrous. It is seen from the study of different cases that some people take it as an ordinary business, the act of dealing in counterfeit currency. It would appear that the society does not cast much of a stigma on such people. If the offences under Section 489 B of the Indian Penal B.A. NO. 633 OF 2010 :: 6 :: Code are not effectively checked and dealt with, more and more people would get attracted to the “business”. It is a source for making easy money. There must be effective mechanism to punish the offenders under Section 489 B of the Indian Penal Code without any delay. I think top priority must be given to the disposal of cases under Sections 489A, 489-B, 489C and 489D of the Indian Penal Code. The investigating agency should also take care to complete the investigation expeditiously. A casual approach in the matter of granting bail in such cases would act as an encouragement to the offenders to indulge in similar offences again and again. Exercise of discretion under Section 437 and 439 of the Code of Criminal Procedure, in the matter of granting bail in such cases, should be with great care and caution. Letting loose persons who were found indulged in the offence under Section 489 B and who were caught red handed, would give a wrong message to the offenders. 8. In Siraj v. Station House Officer (Bail Application No.5749 of 2009, I had occasion to deal with the question. In that case, it was held thus: “9. Wide circulation of counterfeit currency notes affects the prestige and credibility of the individuals who B.A. NO. 633 OF 2010 :: 7 :: are not guilty as well. A person, who, without knowing that he is possessing a counterfeit currency may tender the same in a bank or supermarket or shop. If the currency note is found to be fake, there is every chance of alleging that he committed an offence under Section 489-C of the Indian Penal Code. He would have to face the criminal trial, apart from suffering the ignominy of being an accused in a counterfeit currency case. Any person is prone to such a tragedy, though he is quite innocent. It may cause a feeling of insecurity among people to deal with currency, particularly currency of high denomination. When the cashier of a bank/supermarket/shop puts the currency note in the detecting machine, you start worrying, till it is cleared as genuine currency. Only after it is found as genuine currency, you can leave the counter with a sigh. 10. It is to be borne in mind that every citizen has a duty to ensure that no counterfeit currency is available in our country and thus to accelerate the growth of the economy of our nation. Vigilance on the part of every citizen is required to achieve this goal. No citizen who is a patriot would be a party or privy to the offence of counterfeiting. 11. In a mission to eradicate the menace of counterfeiting, I think, the Central Government would B.A. NO. 633 OF 2010 :: 8 :: provide adequate measures to make a proper awareness among the people. Let there be sufficient inspecting/detecting centres so that any person can ensure that he does not possess counterfeit currency. This would, to a great extent, check the prevalence of counterfeit currency. It would also protect the prestige and self respect of innocent citizen.” 9. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the stage of investigation, I am of the view that the petitioner cannot be released on bail at this stage. If the petitioner is released on bail, there is a likelihood of his indulging in similar criminal activities. The likelihood of the petitioner trying to intimidate and influence the witnesses and to tamper with the evidence, also cannot be ruled out. 10. Before parting with the case, I think it is proper to mention that the Forest Officials concerned had done an excellent service in detecting the offence and in apprehending the offenders. All those Forest Officials involved therein deserve approbation. The Government may consider the matter and reward them appropriately. For the aforesaid reasons, the Bail Application is dismissed. B.A. NO. 633 OF 2010 :: 9 :: The Registry will forward a copy of this order to the Chief Secretary to the Government, Government of Kerala, Thiruvananthapuram. (K.T.SANKARAN) Judge ahz/