IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 Bail Appl..No. 5749 of 2009 CR.NO.477 OF 2009 OF KANNUR TOWN POLICE STATION PETITIONER/ACCUSED NO.2 ------------------------------------------- SIRAJ.C.H, S/O.P.MUHAMMED KUNHI, AGED 25 YEARS, CHAPPAN HOUSE, NHATTUVAYAL, TALIPARAMBA P.O., TALIPARAMBA AMSOM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH RESPONDENT: COMPLAINANT -------------------------- STATION HOUSE OFFICER, KANNUR TOWN POLICE STATION, KANNUR DISTRICT, (CRIME NO.477/09 OF KANNUR TOWN POLICE STATION, KANNUR DISTRICT), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/10/2009, THE COURT ON 19/10/2009 PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5749 OF 2009 ------------------------------------------------------ Dated this the 19th day of October, 2009 O R D E R The 2nd accused in Crime No. 477 of 2009 of Kannur Town Police Station, against whom offence under Sections 489 B and 489 C is alleged, and who is detained in judicial custody since 26-7-2009, has filed this Bail Application under Section 439 of the Code of Criminal Procedure for the grant of bail. 2. The gist of the case of the prosecution is the following: On 26-7-2009, V.K.Ubaise (Accused No. 1) purchased a mobile phone from a shop at Thavakkara, Kannur for a sum of Rs. 2,700/-. Ubaise tendered currency notes of the denomination of one hundred rupees to the dealer. He expressed a doubt as to the genuineness of the currency notes. Ubaise took back those currency notes. However, he was detained by the people of the locality. The owner of the shop informed the police. The police went to the spot. 30 numbers of counterfeit currency notes were seized from Ubaise. He was arrested. He was also questioned. He stated that B.A. NO. 5749 OF 2009 :: 2 :: counterfeit currency notes were kept at his residence at Thaliparamba. Based on the confession, 40 counterfeit currency notes were discovered from the residence of Ubaise. He stated that the counterfeit currency notes were supplied to him by C.H.Siraj (accused No. 2). Ubaise was made to contact Siraj over phone and the latter was requested to bring more counterfeit currency notes to a specified place. Siraj came to the place. The police took him into custody. On a search of his body, 280 numbers of counterfeit currency notes of the denomination of Rs.100/- and 2 counterfeit currency notes of the denomination of Rs.1,000/- were seized. On the arrest of Siraj, he stated that the currency notes were supplied by one Basheer (accused No. 3) of Valanchery. A search was conducted at the residence of Basheer at Valanchery. 20 fake currency notes of the denomination of Rs.100/- were seized. However, Basheer was not available at the place and therefore he could not be arrested. 3. Investigation revealed that large number of counterfeit currency notes were circulated by the first accused as original currency notes. The counterfeit currency notes were supplied to him by the second accused. The second accused got them from B.A. NO. 5749 OF 2009 :: 3 :: Basheer. The learned Public Prosecutor submitted that the quality of fake currency notes of the denomination of Rs.1000/- is very exceptional; threads resembling those of the original ones are seen in the place of security thread. It is submitted by the learned Public Prosecutor that there is a big racket dealing with counterfeit currency notes. The nature of the counterfeit currency notes would lead to the conclusion that the counterfeiting was done not by a few individuals, submits the learned Public Prosecutor. The third accused is yet to be arrested. The learned Public Prosecutor also submitted that if the petitioner is released on bail at this stage, it would adversely affect the investigation. There is every likelihood of the petitioner making himself scarce. 4. Sri. V.A.Satheesh, learned counsel for the petitioner submitted that there is no reason why the petitioner should be detained further. The petitioner is suffering from renal disease and he was undergoing treatment for the same from 2005 onwards. He had also undergone a surgery for Hernia on 19-8-2009. Some medical records were also produced by the petitioner in support of his contentions. B.A. NO. 5749 OF 2009 :: 4 :: 5. 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 note 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. Section 489-C provides that whoever has in his possession any forged or counterfeit currency note or bank-note, knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as genuine or that it may be used as genuine, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. The offence under Section 489- B is non bailable while the offence under Section 489-C is bailable. 6. The materials so far collected by the prosecution, prima facie, show that the petitioner has committed an offence under Section 489-B. Of course, the prosecution has to prove the case at the time of trial. B.A. NO. 5749 OF 2009 :: 5 :: 7. The law makers were aware of the far reaching consequences of the circulation of counterfeit currency notes in the country. Wide circulation of counterfeit currency notes would very seriously affect our economy. Parallel economy built up with counterfeit currency would destroy the financial edifice of the nation. Counterfeiting would increase the cash in circulation and dilute its value. It is said counterfeiting currency is as old money itself. History tells that nations had used counterfeiting as a means of warfare. 8. Courts cannot ignore the increase in the number of counterfeiting cases and the magnitude of the same. Courts also cannot, in cases of this nature, deal with the bail application of the accused in a routine manner. As the crime of counterfeiting is a potential danger to the nation’s economy, it has to be viewed seriously. Cases involving counterfeiting currency cannot be treated in the same way as the cases involving crimes affecting individuals. 9. Wide circulation of counterfeit currency notes affects the prestige and credibility of the individuals who are not guilty as well. A person, who, without knowing that he is possessing a counterfeit B.A. NO. 5749 OF 2009 :: 6 :: 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 B.A. NO. 5749 OF 2009 :: 7 :: think, the Central Government would 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. 12. In the facts and circumstances of the case, I am of the view that the petitioner is not entitled to get bail at this stage. The investigation is not over. The third accused is yet to be arrested. The source of counterfeit currency is to be detected. If the petitioner is released on bail at this stage, it would adversely affect the investigation of the case. It is also likely that he may make himself scarce, if he is released on bail. 13. For the aforesaid reasons, the Bail Application is dismissed. However, the jail authorities will ensure that the petitioner gets adequate medical treatment in case of necessity. The Registry will communicate copy of this order to (1) Secretary to the Government, Department of Finance, New Delhi, (2) Secretary to B.A. NO. 5749 OF 2009 :: 8 :: the Government, Department of Home Affairs, New Delhi and (3) The Chief Secretary to the Government of Kerala. (K.T.SANKARAN) Judge