IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 Bail Appl..No. 5403 of 2009() -------------------------------------- CRIME NO.395/2009 OF BALARAMAPURAM POLICE STATION, THIRUVANANTHAPURAM. .................... PETITIONERS/ACCUSED: ------------------------------------ 1. KOCHU @ JIJO RAJ, AGED 21 YEARS, S/O. PEETHAMBARA, ALUVILA PUTHEN VEEDU, THALAYAL, BALARAMAPURAM. 2. UNNI @ JITHIN, AGED 23 YEARS, S/O. PEETHAMBARAN, ALUVILA PUTHEN VEEDU, THALAYAL, BALARAMAPURAM,SUPERVISOR SOLAR WATER HEATER, KARAMANA. BY ADV. SRI.R.GOPAN RESPONDENTS/COMPLAINANT: ----------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, BALARAMAPURAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5403 of 2009 ------------------------------------ Dated this the 12th day of October, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.395/2009 of Balaramapuram Police Station, Thiruvananthapuram. 2. The offences alleged against the petitioners are under Sections 365, 323 and 506(i) read with Section 34 of the Indian Penal Code. 3. The gist of the prosecution case is as follows: The de facto complainant is a salesman in a Petrol bunk. On 27/07/2009, the accused persons came to the Petrol bunk and after filling fuel in their motor bike, gave a 1000 rupee currency note. On inspection, it was found that it was counterfeit currency note. The currency note was returned to the accused persons. On 1/8/2009, it would appear that two other persons were questioned by the police on the suspicion that they were dealing with the counterfeit currency notes. Alleging that the police B.A. No. 5403 /2009 2 questioned those persons on the information supplied by the de facto complainant, the accused persons took the de facto complainant to a lonely place and he was beaten up. He was not allowed to go to any place for several hours. Only when the accused persons got information that the disappearance of the de facto complainant was being enquired into by the police, he was released. 4. Taking into account the facts and circumstances of the case and the allegations levelled against the petitioner, I do not think that they are entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm