IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 Bail Appl..No. 1110 of 2010() --------------------------------- CMP.932/2010 of J.M.F.C.-I,NEYYATINKARA CRIME NO. 171/2010 OF NEYYANTTINKARA POLICE STATION .................... PETITIONER/ACCUSED : ------------------------------- GNANADAS, S/O.NALLATHAMPI NADAR, KAZHIVOOR PLAVILA PUTHEN VEEDU, KARICHAL DESOM, KANJIRAMKULAM VILLAGE. BY ADVS. SRI.G.SUDHEER SMT.M.JAYASREE RESPONDENTS/COMPLAINANT : ------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, NEYYANTTINKARA POLICE STATION. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------ B.A. No.1110 of 2010 ------------------------------------ Dated this the 4th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.171/2010 of Neyyattinkara Police Station. 2. The offence alleged against the petitioner is under Section 489 A to E of the Indian Penal Code. 3. On 05.02.2010, the petitioner went to the Nellimoodu Branch of the State Bank of Travencore to deposit a sum of Rs. 1,30,000/- (Rupees one lakh thirty thousand only). He deposited the amount at the counter. It was revealed that among the currency notes, 24 currency notes of the denomination of Rs.1,000/- were counterfeit currency notes. On informing the police, the police party came and the petitioner was arrested. The petitioner is in judicial custody since 05.02.2010. 4. The learned counsel for the petitioner submitted that the investigation has not revealed any of the ingredients to attract Section 489 A, B, D and E. It is submitted that Section 489 C is a bailable offence. B.A. No.1110 of 2010 2 5. I have gone through the Case Dairy file. Prima facie, the submission made by the learned counsel for the petitioner appears to be correct. It is made clear that I am not expressing any opinion on the merits of the case. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 7. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Neyyattinkara subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders. B) The petitioner shall appear before the Investigating Officer for interrogation as and when required. C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B.A. No.1110 of 2010 3 D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE ln