IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 Bail Appl..No. 6428 of 2008() ----------------------------- CRIME NO.156/08 OF THE CBCID KOZHIKODE PETITIONERS/ACCUSED NOS. 1 AND 3 ---------------------------------------------------- 1. ABOOBACKER, AGED 42 YEARS, S/O.MUHAMMED HAJI, "RAMLAS" HOUSE, FAROOK COLLEGE P.O., KOZHIKODE. 2. ABBAS, AGED 46 YEARS, S/O.MUHAMMED, MULLUMGAL HOUSE, CHERUVANNUR, KOZHIKODE. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE CIRCLE INSPECTOR OF POLICE, C.B.C.I.D. KOZHIKODE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.6428 of 2008 ----------------------------------------- Dated this the 20th October, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 489-A, 489-B, 489- C and 420 of Indian Penal Code. According to prosecution, there was transaction of a vehicle between the de facto complainant and the first accused and Rs.1,25,000/- was paid. Thereafter, Rs.50,000/- more had to be paid. The money was entrusted by the first accused to the 2nd and 4th accused to be paid to de facto complainant. Petitioners, along with 3rd accused, removed Rs.24,000/- from the bundle and substituted fake currency notes and handed over the same to the de facto complainant. This was detected and a complaint was lodged. 3. Learned counsel for petitioners submitted that as per the First Information Statement, the money was given to Sherif and petitioners' names were not mentioned in the First Information Statement. Petitioners are falsely brought into the array of accused subsequently to shield the actual offender. According to their information, first accused is deleted and the first petitioner is made as the first in the crime. Petitioners are in custody from 24.9.2008 onwards, though the crime was registered on 16.12.2007. BA.6428/08 2 4. This petition is opposed. Learned Public Prosecutor submitted that the petitioners' involvement was revealed only during investigation. It is true that the name of one Sherif was mentioned in the First Information Statement, but he is one of the partners of the auto consultancy run by the petitioners. He is also arrayed as the third accused. It is also submitted that the second petitioner is involved in other similar offences. The source of the fake notes has to be traced out. In the meantime, if the petitioners are released on bail, it will adversely affect the investigation, it is submitted. 5. On hearing both sides, in an offence of this nature, I am not inclined to grant bail at this stage, since the source of the fake currency notes is to be traced out. If bail is granted, it will adversely affect the investigation. Petition is dismissed. K.HEMA, JUDGE vgs.