IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 Bail Appl..No. 10 of 2009() --------------------------------------- (CRIME NO.819/08 OF VADAKKEKARA POLICE STATION) PETITIONERS/ACCUSED 1 AND 2: --------------------------------------------------- 1. SHEEBAN @ STEAPHEN, S/O.JOSEPH, CHIRAPPURATH HOUSE, MANJUMMEL KAVALA, CHERANELLOOR VILLAGE. 2. BIJU, S/O.KUNJAN, PERINGOTTIL HOUSE, MANJUMMAL KAVALA, CHERANELLOOR VILLAGE. BY ADV. SRI.S.SREEKUMAR RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. ----------------------------------------- B.A.No. 10 of 2009 ----------------------------------------- Dated this the 12th January, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 489B and 489C of the Indian Penal Code. According to prosecution, on 9.12.2008, petitioners were found travelling in a motorcycle and on search, first accused was found in possession of 130 fake currency notes having Rs.500/- denomination and 35 fake currency notes having Rs.1000/- denomination. Second accused was riding the motorcycle. On investigation it is revealed that third accused had handed over the currency notes to first accused. Petitioners were arrested from the spot. 3. Learned counsel for petitioners submitted that the incident did not occur on 9.12.2008, but it occurred on 2.12.2008. Petitioners were taken into custody on the same day, but the arrest was recorded only on 9.12.2008. It is submitted that third accused owed some money to first accused and as promised by third accused that he will pay back the money, first accused went to third accused along with BA.10/09 2 second accused to collect the money. Third accused handed over the currency notes and while petitioners were coming back, they were arrested by the police. It is understood that after giving fake notes, third accused trapped petitioners by informing the police that they are travelling with fake notes. 4. On the arrest, petitioners informed the police about the innocence and also told the Circle Inspector of Police that the conversation between first accused and third accused was tape recorded in the mobile phone, since third accused was evading payment for a long time and there was no evidence for that. The Circle Inspector also played the tape recorded conversation and was convinced about the innocence of the accused, but they were arrested. Petitioners are not involved in any other crime, it is submitted. They are in custody from 9.12.2008 onwards. 4. Learned Public Prosecutor submitted that he is not conceding to the facts stated by the defence, but he has no objection in granting bail to petitioners. Learned Public Prosecutor was not able to explain how second accused is implicated, except by saying that he was also aware of the BA.10/09 3 possession of fake notes. Third accused has not been so far arrested. He also submitted that he has no objection in granting bail to petitioners on conditions. 5. On hearing both sides, I am satisfied that bail can be granted to petitioners. Hence, bail is granted to petitioners on the following terms and conditions: i) Petitioners shall execute a bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioners shall report before the investigating officer as and when directed. iii). Petitioners shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.