IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 Bail Appl..No. 5635 of 2009() ------------------------------------- CRMP.7523/2009 of J.M.F.C.-II,ATTINGAL CRIME NO. 447/2009 OF KAZHAKUTTOM POLICE STATION .................... PETITIONER/ACCUSED NO.2 : ------------------------------------------- OLIVAR ANTONY @ ANTONY, S/O.OLIVER, ST.ANTONY HOUSE, NEAR VALIYAPALLY JUNCTION, PULLUVILA, KARUMKULAM VILLAGE. BY ADV. SRI.M.R.SARIN RESPONDENT: -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5635 of 2009 ------------------------------------ Dated this the 3rd day of November, 2009 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.2 in Crime No. 447/2009 of Kazhakuttom Police Station. 2. The offences alleged against the petitioner are under Sections 489 -B and 489-C read with Section 34 of the Indian Penal Code. 3. The gist of the prosecution case is the following: On 22.08.2009, the first accused was found by the police in suspicious circumstances. He was taken into custody. On a search of his body, a screw driver, one hack saw blade and a purse containing one currency note of the denomination of Rs. 1000/- were found. On further verification, it was found that the currency note was a counterfeit currency. Investigation revealed that the first accused purchased 30 counterfeit currency notes of the denomination of Rs. 1000/- from the second accused on payment of Rs. 15,000/-. A search was conducted in the house of the first accused. Nine counterfeit currency notes of the B.A. No. 5635 of 2009 2 denomination of Rs. 1000/- were seized. The investigation revealed that the balance counterfeit currency notes were circulated by the first accused and by accused Nos.3 and 4, who are the parents of accused No.1. 4. The petitioner was in judicial custody in Crime No. 269/2009 of Vellarada Police Station. In that case also, the allegation is that he was dealing with counterfeit currency notes. The formal arrest of the petitioner was recorded in the present case on 29.08.2009. 5. The learned counsel for the petitioner submitted that the petitioner is in judicial custody for several days and that there is no justification for detaining him further. 6. The allegation levelled against the petitioner are very grave in nature. The petitioner is involved in another case of similar nature. If the petitioner is released on bail, as rightly pointed out by the learned Public Prosecutor, the petitioner would involve in offences of similar nature. It is not proper to release the petitioner on bail at this stage, in these circumstances. It is also likely that the petitioner may indulge B.A. No. 5635 of 2009 3 in activities to tamper with the evidence or to influence and intimidate the witnesses. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE ln