BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Third day of August Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) Nos.8429, 8247 and 8684 of 2011 JEYABALAN ... PETITIONER/ACCUSED NO.2 IN CRL.OP.NO.8429/2011 SOCRATES AROCKIARAJ .. PETITIONERS/ACCUSED NOS.8 & 9 IN CRL.OP.NO.8247/2011 ANANTHAVEL KUMAR .. PETITIONERS/ACCUSED NOS.3 & 4 IN CRL.OP.NO.8684/2011 Vs STATE REP.BY, THE INSPECTOR OF POLICE, COURTALLAM POLICE STATION, TIRUNELVELI DISTRICT CR.NO.355/2011. .. RESPONDENT/COMPLAINANT IN ALL THE PETITIONS For Petitioner in Crl.O.P.No.8429/2011 : M/S. N.MOHIDEEN BASHA Advocate For Petitioners in Crl.O.P.No.8247/2011 : M/S.S.RAGAVENTHRE, Advocate For Petitioners in Crl.O.P.No.8684/2011 : M/S.P.SUBBARAJ Advocate For Respondent : MR.A.RAMAR, Government Advocate(Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioners in all the petitions are arrayed as A2, A8, A9, A3 and A4 respectively in Crime No.355 of 2011 on the file of the respondent police and they were arrested and remanded to judicial custody on 29.05.2011 for the alleged offence punishable under Sections 489 (A) (B) (C) and 420 I.P.C., and hence, seek bail. 2.The case of the prosecution is that A1 was found in possession of Counterfeit currency notes to the tune of Rs.15,00,000/-. On the basis of the confession statement given by A1, A2 to A9 were arrested. https://hcservices.ecourts.gov.in/hcservices/ 3.The learned counsel appearing for the petitioner in Crl.O.P. (MD)No.8429 of 2011, would submit that the petitioner is arrayed as A2 and a false case has been foisted against the petitioner/A2 under Sections 489 (A) (B) (C) and 420 I.P.C. He would further submit that the petitioner is an innocent person and he has not committed any offence and hence, he prays for enlargement on bail. 4. The learned counsel appearing for the petitioners in crl.O.P. (MD)No.8247 of 2011 would submit that the petitioners are arrayed as A8 and A9 and A8 is the Press owner and A9 is only working under A8. He would further submit that the petitioners are innocent persons and they have not committed any offence and hence, he prays for enlarged on bail. 5. The learned counsel appearing for the petitioners in Crl.O.P. (MD)No.8684 of 2011 would submit that the petitioners are arrayed as A3 and A4 and only on the confession given by A1, they were falsely implicated in this case. He would further submit that the petitioners are innocent persons and the investigation is considerably over and hence, he prays for enlargement on bail. 6. The learned Additional Public Prosecutor would submit that totally there are nine accused and on the confession given by A1, A2 to A9 were arrested. He would further submit that the petitioners joined together prepared the counterfeit currency notes to the tune of Rs.43,00,000/-. He would further submit that from A1, Rs.15 lakhs have been recovered and on the basis of his confession, Rs.9 Lakhs have been recovered from A2 and Rs.8 Lakhs have been recovered from A3 and A4 and Rs.1 Lakh has been recovered from A8. He would further submit that investigation is going on and they are awaiting report from Nasik and hence, he prays for dismissal of these applications. 7. Considering the facts and circumstances of the case and also considering the fact that the alleged occurrence has been taken place on 29.05.2011 and a case has been registered against the first accused under Sections 489 (A) (B) (C) and 420 I.P.C. and on the basis of his confession only, A2 to A9 were implicated and they were arrested and as per the version of the learned Additional Public Prosecutor totally Rs.43 Lakhs of counterfeit currency notes have been recovered from the accused and the investigation is considerably over and they are awaiting for report from Nasik, for filing of charge sheet and the petitioners are in custody from 29.05.2011, I am inclined to grant bail to the petitioners. 8. Accordingly, the petitioners are ordered to be released on bail, subject to the following stringent conditions:- (i) The petitioner/A2 in Crl.O.P.(MD)NO.8429 shall deposit a sum of Rs.9 Lakhs (Rupees Nine Lakhs only) to the credit of Crime No.355 of 2011 before the learned Judicial Magistrate, Shencottai; (ii) The petitioner/A8 in Crl.O.P.(MD)NO.8247 of 2011 shall deposit a sum of Rs.1 Lakh (Rupees One lakh only) to the credit of Crime No.355 of 2011 before the learned Judicial Magistrate, Shencottai; https://hcservices.ecourts.gov.in/hcservices/ (iii) The petitioners/A3 and A4 in Crl.O.P.(MD)NO.8684 of 2011 shall deposit a sum of Rs.8 Lakhs (Rupees Eight Lakhs only) to the credit of Crime No.355 of 2011 before the learned Judicial Magistrate, Shencottai; (iv) On such deposits the petitioners shall execute a separate bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties each and one of the sureties is must be a close relative of the petitioners concerned, for a like sum to the satisfaction of the learned Judicial Magistrate, Shencottai; and v) The petitioners shall report before the learned Judicial Magistrate, Shencottai, daily twice i.e. 10.30. a.m. and 5.30 p.m. until further orders. Sd/- 03/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE SHENCOTTAI 2 THE CHIEF JUDICIAL MAGISTATE TIRUNELVELI 3 THE INSPECTOR OF POLICE, COURTALLAM POLICE STATION, TIRUNELVELI DT 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 5 THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI +1. CC to M/S. N.MOHIDEEN BASHA Advocate SR.No.25919 +1. CC to M/S. S.RAGAVENTHRE Advocate SR.No.25806 +1. CC to M/S. P.SUBBARAJ Advocate SR.No.25806 ssk/02.08.2011 /8c -3p/- ORDER IN CRL OP(MD) Nos.8429, 8247 and 8684 of 2011 Date :03/08/2011 https://hcservices.ecourts.gov.in/hcservices/