IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 Bail Appl..No. 6357 of 2009() ------------------------------------------------ CRMP.4568/2009 of J.M.F.C.,CHANGANACHERRY CRIME NO.198/2009 OF CHANGANACHERRY POLICE STATION, KOTTAYAM. .................... PETITIONER/ACCUSED NO.2: ------------------------------------------- SHAJI, S/O.GOPI, KOCHERIL HOUSE, ITHITHANAM, CHANGANACHERRY. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT/COMPLAINANT: ---------------------------------------------- DETECTIVE INSPECTOR OF CBCID(SIG II), COUNTERFIET SQUAD, ERNAKULAM, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6357 of 2009 ------------------------------------ Dated this the 6th day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No. 198/2009 of Changanacherry Police Station. 2. The offences alleged against the petitioner are under Sections 489 B, 489 C and 120 B read with Section 34 of the Indian Penal Code. 3. On 31.3.2009, the police got telephonic information that counterfeit currency notes are kept in the Autorikshaw driven by Ajeesh. The police intercepted the vehicle and found four counterfeit hundred rupee notes in the tool kit of the Autorikshaw driven by Ajeesh. He was arrested and later he was released on bail on the same day. The crime was registered under Section 489(C) of the Indian Penal Code, which is a bailable offence. 4. Later, investigation of the case was transferred to CBCID. It would appear that Ajeesh was later exonerated from the case on the ground that he is not the person involved in the B.A. No. 6357/2009 2 offence. The investigation revealed that accused No.1, who had money transactions with the mother of Ajeesh, was not on cordial terms with Ajeesh and therefore, the first accused made a telephone call to the police stating that counterfeit currency notes were available in the Autorickshaw driven by Ajeesh. The investigation also revealed that on instruction given by the first accused, accused Nos. 2 and 3 had put the counterfeit currency notes in the Autorickshaw. Accused No.3 was released on bail as per the order dated 15/9/2009 in B.A. No.5179/2009. 5. 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 on stringent conditions. 6. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Changanacherry subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and B.A. No. 6357/2009 3 11 A.M. on all Mondays and Thursdays, 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 leave the limits of Changanacherry Police Station for a period of one month. D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner 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. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE scm