IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 Bail Appl..No. 238 of 2009(F) ----------------------------------- CRIME NO.275/CR/S/111/2006 OF CBCID/SIG - 111 OF KOZHIKODE IN CRIME NO.220/2006 OF MEDICAL COLLEGE POLICE STATION .................... PETITIONER/ACCUSED NO.2 : ------------------------------------ NASEER KOLAPPALA, S/O.MUHAMMED KUNHI, AGED 31 YEARS, KANNOTH, PUTHIYA PURAYIL, VADAKARA, NARATHA AMSOM DESOM, (PO) NARATH, KANNUR DISTRICT. BY ADV. SRI.S.MAMMU RESPONDENT/STATE & COMPLAINANT : ------------------------------------------------ STATE OF KERALA, CBCID/SIG - 111 OF KOZHIKODE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------- B.A. No.238 OF 2009 ----------------------------- Dated this the 23rd day of January, 2009 O R D E R This petition is for bail. 2. The alleged offence is under Section 489B of I.P.C. According to prosecution, first accused deposited Rs.9,70,000/- in the account of second accused and second accused withdrew the same on 18.07.2006. On the same day, within 15 minutes, he redeposited the same amount in his own account. Later, it was detected that the currency notes which were handed over for deposit contained 54 counterfeit currency notes of Rs.1,000/- denomination. 3. Petitioner (second accused) was arrested on 25.12.2008. Learned counsel for petitioner submitted that there is no sufficient evidence to connect petitioner with the crime. As per the prosecution case, the amount which was given for deposit by petitioner was sent along with other amounts in bulk of Rs.20 Lakhs to Calicut, and from there by adding some more amount, a total amount of Rs.2 Crores was sent to Kannur Branch. It is highly improbable that any person can identify from those currency notes that the notes given by petitioner themselves were the fake currency notes. Therefore, petitioner may be B.A.No.238 of 2009 2 granted bail, it is submitted. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that it is the first accused, who had transferred the amount to the account of the second accused. First accused is involved in another crime under Section 489B of I.P.C. In the said case registered by the CBCID as Crime no.255/CR/S/111/2006, certain currency notes were found in possession of first accused. The serial number of those currency notes and the serial number of the fake currency notes in this case are had the same serial number. The investigation is in progress and if petitioner is granted bail at this stage, it will adversely affect the investigation, it is submitted. On hearing both sides, I am satisfied of the submissions made by the learned Public Prosecutor and a thorough investigation is required and if at this stage, petitioner is granted bail, the investigation will be adversely affected. Hence, I am not inclined to grant bail at this stage. The petition is dismissed. K.HEMA, JUDGE pac