IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 Bail Appl..No. 834 of 2008(K) ----------------------------- CMP.807/2008 of J.M.F.C.-II,NEYYATTINKARA CRIME NO.37/08 OF PARASSALA POLICE STATION .................... PETITIONER/1ST ACCUSED --------------------------------------- KARIM, AGED 51 YEARS, S/O. MUHAMMED MYDEEN KHAN, FATHIMA MANZIL, KALLUKETTY EDAKKULAM, VILAVANKODU VILLAGE, VALAVANKODU TALUK, KANYAKUMARY DISTRICT, FROM SABEENA MANZIL, ANJALIKKONAM, EDICHAKKAPLAMOODU, PARASSALA DESOM, PARASSALA VILLAGE. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.A.S.SABU RESPONDENTS: STATE ------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No.834 OF 2008 ------------------------------------------------- Dated this the 13th day of February, 2008 ORDER Application for regular bail. The petitioner is now arrayed as the 1st accused. Four persons allegedly went to the mother of the de facto complainant and attempted to purchase goats from her making payment of an amount of Rs.6,600/-. It was suspected that the currency notes handed over were fake currency notes. The de facto complainant – the son of the lady, entertained apprehensions. Three of the four persons ran away. One of them was detained. Police was informed. A crime was registered. Interrogation of the person detained led the police to the petitioner herein. It was confessed that it was who had handed over the counterfeit currency notes to the persons who came to the house of the de facto complainant. On search of the petitioner, three counterfeit currency notes of B.A. No.834 OF 2008 -: 2 :- the denomination of Rs.500/- were also seized. The incident originally took place on 14/1/08. The petitioner was arrested on 19/1/08. He continues in custody from that date. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. It is prayed that the petitioner may now be granted regular bail. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that there are satisfactory materials collected pointing to the complicity of the petitioner. Investigation is not complete. In fact, investigation is now being handed over to the Counterfeit Squad of the C.B. C.I.D. Steps to that effect are being taken. In these circumstances, the petitioner may not be granted regular bail now, prays the learned Public Prosecutor. 4. Having considered all the relevant circumstances, I find merit in the opposition by the learned Public Prosecutor. I am satisfied that there are no circumstances justifying or warranting the invocation of the discretion under Sec.439 of the Cr.P.C. in favour of the petitioners now. 5. In the result, this bail application is dismissed. But, I may hasten to observe that the petitioner shall be at liberty to B.A. No.834 OF 2008 -: 3 :- move this Court for bail again at a later stage of the investigation - not, at any rate , prior to 28/2/08. The Investigator shall, in the meantime, make every endeavour to complete the investigation. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge