IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 2ND MAY 2008 / 12TH VAISAKHA 1930 Bail Appl..No. 2299 of 2008() ----------------------------- CRIME NO. 188/08 OF KOTTIYAM POLICE STATION PETITIONER ----------------- IBRAHIM KUTTY AGED 52 YEARS, KUZHIVILA THEKKATHIL, NORTH MYLAKKADU, KANNANALLOOR P.O. KOLLAM. BY ADV. SRI.V.JAYAPRADEEP RESPONDENTS: ------------- 1. STATE OF KERALA, REP.BY THE THE SUPERINTENDENT OF POLICE (SPL CELL) CB CID, MUTTADA, THIRUVANANTHAPURAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. S.I.OF POLICE KOTTIYAM, KOLLAM DIST. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2299 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of May, 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in a crime registered alleging offences punishable under Section 489 B & C. I.P.C. The crux of the allegations is that some persons had gone to the first accused and had handed over an amount of Rs.8,000/- (counterfeit currency notes of 7 x 1000 and 2 x 500). Those currency notes were handed over by the first accused along with the second accused to the local branch of the KSFE. They detected those notes to be counterfeit currency notes. Complaints were filed. Accused 1 and 2 were arrayed as accused. On their interrogation, it is found that they were note the real culprits. Investigation continued. The needle of suspicion is directed against the petitioner and two others. 2. Interim directions were issued by this Court on 10.4.2008. Interrogation of the petitioner has taken place. The B.A.No. 2299 of 2008 2 Investigating Officer now submits that the petitioner is identified to be the person who, along with two others, had handed over the counterfeit currency notes to the first accused. It is submitted that the petitioner has to be further interrogated, though he was available for interrogation as per the interim direction of this Court. Custodial interrogation is necessary. He may not be permitted to arm himself with an order of anticipatory bail now. That would hamper the smooth course of investigation in a case like this, submits the learned Prosecutor. 3. Having considered all the relevant inputs, I find merit in the opposition by the learned Prosecutor. Notwithstanding the laborious submissions made by the counsel for the petitioner that the Investigating Officer has an axe to grind against the petitioner, I am satisfied that there are no features in this case, which would justify the invocation of the extra ordinary equitable discretion under Section 438 Cr.P.C. in favour of the petitioner. This I am satisfied is a fit case where the petitioner must resort to the ordinary and normal procedure B.A.No. 2299 of 2008 3 of appearing before the Investigator or the learned Magistrate having jurisdiction and then seek regular bail in the usual course. 4. This application is accordingly dismissed. I may however hasten to observe that if the petitioner appears before the learned Magistrate and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass orders on merits, in accordance with law and expeditiously. (R. BASANT) Judge tm