IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 Bail Appl..No. 4834 of 2008() ----------------------------- CRIME NO.853/08 OF KOTHAMANGALAM POLICE STATION, ERNAKULAM DIST. PETITIONERS/ACCUSED:- -------------------------------------- K.E.YUSUF,S/O IBRAHIM, AGED 58 YEARS, KAVALAYIL HOUSE, KOOVALLOOR P.O., KOTHAMANGALAM. BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (THROUGH THE SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION). BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 4834 of 2008 ----------------------------------------- Dated this the 30th July, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 489B of Indian Penal Code. According to prosecution, the petitioner was using four currency notes of Rs.1,000/- each as genuine knowing or having reason to believe the same to be forged or counterfeit notes and gave the same along with other currency notes for getting a demand draft from the State Bank of India. On information by the Manager of the State Bank of India, a crime was registered against the petitioner under Sections 489B IPC. 3. Petitioner was arrested on the very same day of incident on 17.7.2008 at about 11 a.m. The petitioner is in custody since then. Learned counsel for petitioner submitted that it is a genuine case where the petitioner was not aware that the currency notes were fake notes. Petitioner is a Sales Executive, as evidence by Annexure-A2, working with Eastern Group of Companies and several currency notes come to his possession in connection with his work and he cannot state from where he got the currency notes. He had gone to the Bank to get a demand draft for paying the Semester fee for his daughter and Rs.10,000/- was given to the BA.4834/08 2 Bank for the said purpose. But, on noting that four currency notes were fake, the petitioner was apprehended by the Bank Manager and the matter was reported to the police, from where the police took the petitioner into custody. 4. It is submitted that for offence under Section 489B UPC, a person must have used the currency note as genuine, knowing or having reason to believe the same to be forged or counterfeit. Here, the circumstances will indicate absence of any such knowledge or belief, it is submitted. If the petitioner wanted to transact the counterfeit notes, a bank would be the last place where the petitioner would have gone to because the counterfeit notes can be easily detected from the Bank. That apart, the petitioner had gone to pay Semester fee for his daughter. Instead, if he had any criminal intention, it is easy for him to dispose of four counterfeit notes in some other manner. It is highly unlikely that the petitioner would knowingly commit the act, as alleged. It is also submitted that a search was conducted in the house of the petitioner and also in the houses of his near relatives. From none of the houses, even a single counterfeit note was seized. It is also brought to the notice of this Court that the petitioner had gave it in writing to the Manager of the Bank the details of the currency notes which were detected to be fake notes and that those were given by him. According to learned counsel for petitioner, all these would indicate innocence of BA.4834/08 3 the petitioner rather than his guilty mind. In such circumstances, learned Public Prosecutor submitted that he has no objection in granting bail to the petitioner on conditions. Hence, the petitioner is granted bail on the following terms and conditions: i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioner shall report before the investigating officer on every Saturday between 5 PM and 8 PM until further orders. iv) Petitioner 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.