IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 Bail Appl..No. 6730 of 2011() ----------------------------- CMP.5566/2011 of J.M.F.C.-I,NEYYATINKARA CRIME NO.1281/2011 OF NEYYATINKARA POLICE STATION .................... PETITIONER/ ACCUSED --------------------------- 1. DEVENDRAN, AGED 40 YEARS S/O.SIVARAMAN, T.C 48/1312, THELUNGUCHETTY STREET, NEAR KARAMANA POLICE STATION,THYCAUD VILLAGE, KARAMANA, THIRUVANANTHAPURAM. 2. VIJI, AGED 31 YEARS, S/O. VIJAYAKUMAR, KOUSTHUBAM, VENDOORKONAM, MARANALLOOR, THIRUVANANTHAPURAM. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR RESPONDENT(S): --------------- THE STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, NEYYATINKARA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/08/2011,A/W.B.A.NO.6814/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------ B.A.Nos.6730 & 6814 OF 2011 ------------------------------------------------ Dated this the 26th day of August, 2011 ORDER These Bail Applications are filed under Section 439 of the Code of Criminal Procedure by accused Nos.4, 5 and 3. The petitioners in Bail Application No.6730 of 2011 are accused Nos.4 and 5, while the petitioner in Bail Application No.6814 of 2011 is accused No.3. 2.The offences alleged against the petitioners are under Sections 489-B and 489-C of the Indian Penal Code. 3.The allegations are the following: Accused No.3 is a financier. Wife of accused No.2 had pledged gold ornaments with accused No.3. On 28.7.2011, in order to redeem the gold ornaments, accused No.2 remitted a sum of `50,000/- in the finance concern of accused No.3. Accused No.3 used to pledge the ornaments which his customers had pledged with him, in other financial B.A.Nos.6730 & 6814 OF 2011 2 establishments. In respect of the ornaments belonging to the wife of accused No.2, accused No.3 had similarly pledged the ornaments with Muthoot Financiers. Therefore, accused No.3 paid amounts in Muthoot to take back the ornaments. An amount of `50,000/-, which was handed over by accused No.2 to accused No.3, was remitted by accused No.3 before Muthoot. Accused No.4 is the Manager of Muthoot and accused No.5 is the Cashier of Muthoot. They received the amount, put a slip on the bundle of notes showing the name of accused No.3, and released the ornaments to accused No.3. 4. Later, one Biju, to whom a revenue recovery notice was issued by the Co-operative Bank, wanted to pledge the ornaments of his wife in Muthoot. Biju, pledged the ornaments and got amount from Muthoot. It is alleged that the same bundle of `50,000/- was given by Muthoot to Biju. Biju took the amount to the Co-operative Bank and paid the amount. The Secretary of the Bank found out that the currency notes of `50,000/- were counterfeit currency notes. The currency notes were of the denomination of `500/-. The Secretary reported the matter to the police. The police registered the Crime. B.A.Nos.6730 & 6814 OF 2011 3 5. It is submitted by the learned counsel for the petitioners that on a search conducted in the houses of accused Nos.1 and 2, other counterfeit currency notes were recovered and they are the persons who deal with the counterfeit currency notes. Accused Nos.3 to 5 say that they have no role in the dealing of the counterfeit currency notes and they only possessed the counterfeit currency notes without knowing that they were counterfeit currency notes. It is submitted that at best, an offence under Section 489-C would be made out against them, which is a bailable offence. 6. It is not necessary to decide in these Bail Applications the merits of the contentions put forward by the petitioners. 7.However, taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners. 8.The petitioners shall be released on bail on their B.A.Nos.6730 & 6814 OF 2011 4 executing bond for `50,000/- (Rupees Fifty thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Neyyattinkara, subject to the following conditions: A) The petitioners (accused Nos.3,4 and 5) shall surrender their Passports before the Court of the Judicial Magistrate of the First Class-I, Neyyattinkara. If the Passport is already seized by the police or if the petitioners do not have Passport, an affidavit sworn to by the petitioners to that effect shall be filed before the learned Magistrate; B) The petitioners shall report before the investigating officer between 9 A.M and 11 A.M on every Monday and Thursday for a period of two months and thereafter on every Monday, till the final report is filed or until further orders. C) The petitioners shall appear before the investigating officer for interrogation as and when required; D) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. B.A.Nos.6730 & 6814 OF 2011 5 The Bail Applications are allowed as above. K.T.SANKARAN, JUDGE cms