IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 Bail Appl..No. 1815 of 2008() ----------------------------- CRIME NO.273/07 OF EDAKKAD POLICE STATION .................... PETITIONER : 3RD ACCUSED ---------------------------- C.M.ASEELA, D/O.ABDUL GAFOOR AGED 23 YEARS, JAMEELA MANZIL, KOYYODE KANNUR DISTRICT. BY ADV. SRI.P.K.RAVISANKAR RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY DETECTIVE INSPECTOR, C.B.C.I.D. (COUNTERFEIT) KOZHIKODE, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1815 of 2008 ------------------------------------------------- Dated this the 24th day of March, 2008 ORDER Application for anticipatory bail. The petitioner – a woman, faces allegations as the 3rd accused in a crime registered for offences punishable, inter alia, under Secs.489B & C of the IPC. She is the 3rd accused. Her brothers are the 1st and 2nd accused. Even going by the prosecution case a remittance from abroad was received by the accused persons. Rs.90,000/- in 90 notes of Rs.1,000/- each was delivered to accused 1 to 3 by some one dealing in conduit pipe transactions. Rs.82,000/- out of those Rs.90,000/- notes were taken to a bank for discharge of the liability of the petitioner herein. The bank detected that the notes were counterfeit currency notes. The 1st accused along with the petitioner had gone to the bank to discharge the liability. On coming to know B.A. No. 1815 of 2008 -: 2 :- of the offence, the petitioner withdrew to her house. Later, the 2nd accused went to the bank. 8 such counterfeit currency notes were remaining in the house. On realising that they were counterfeit currency notes, the petitioner is alleged to have burnt such counterfeit currency notes. Accused 1 and 2 have already been arrested and enlarged on bail now. The petitioner has been arrayed as the 3rd accused. She apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. Even if the entire allegations were accepted, she had absolutely no clue that the notes delivered to her by the hawala agency were counterfeit currency notes. She had honestly taken the same to the bank. On realising that they were counterfeit currency notes as alleged by the bank, she, even going by the allegations, did not want to do anything with such counterfeit currency notes and may have destroyed them communicating effectively her intention not to make use of such counterfeit currency notes. In these circumstances, it would be harsh, insensitive and cruel to compel the petitioner to undergo the trauma of arrest and incarceration. She may be granted anticipatory bail, it is prayed. 3. Notice was given to the learned Public Prosecutor. The B.A. No. 1815 of 2008 -: 3 :- learned Public Prosecutor, after discussions at the Bar, does not oppose the application for anticipatory bail. In the facts and circumstances of this case, I reckon that as an informed, fair and reasonable stand by the learned Public Prosecutor. I am persuaded to agree that the petitioner deserves to be granted anticipatory bail. 4. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioner shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 31/3/08. She shall be released on regular bail on her executing a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioner shall make herself available for interrogation before the Investigating Officer between 10 a.m. and 1 p.m. on 1/4/08 and 2/4/08 and thereafter as and when directed by the Investigating Officer in writing to do so. (iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with her in accordance with law as if these directions were not issued at all; B.A. No. 1815 of 2008 -: 4 :- (iv) If the petitioner were arrested prior to her surrender on 31/3/08 as directed in clause (i) above, she shall be released on her executing a bond for Rs.50,000/- without any sureties undertaking to appear before the learned Magistrate on 31/3/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge