IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 Bail Appl..No. 4907 of 2009() ---------------------------------------- CRMP.1776/2009 of DISTRICT COURT, KOTTAYAM CRIME NO.198/2009 OF CHANGANACHERRY POLICE STATION. .................... PETITIONER/ACCUSED NO.3: ------------------------------------------- SUNIL, S/O.KUNJUMON, KUNJU VEEDU, ELAPUMKAL KARA, VAZHOOR VILLAGE, CHANGANACHERRY. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT/ COMPLAINANT: ---------------------------------------------- DETECTIVE INSPECTOR OF CBCID (SIG II), COUNTERFEIT SQUAD, ERNAKULAM, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. V. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/08/2009 ALONG WITH BA. NO.4996/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. Nos.4907 & 4996 of 2009 ------------------------------------ Dated this the 28th day of August, 2009 O R D E R These Bail Applications are filed respectively by accused Nos.1 and 3 in CBCID Crime No.73/CR/S11/09 SIG 11 EKM, which was originally registered as Crime No.198/2009 of Changanacherry Police Station. 2. The offences alleged against the petitioners 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 B.A. Nos.4907 &4996/2009 2 CBCID. It would appear that Ajeesh was later exonerated from the case on the ground that he is not the person involved in the 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 Autorikshaw 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 Autorikshaw. Accused Nos. 1 and 3 were arrested on 31/7/2009 and they are in judicial custody since then. The second accused is not arrested so far. 5. The learned Public Prosecutor submitted that though accused Nos. 1 and 3 gave statements, they have not disclosed the source of counterfeit currency notes. Further investigation is required to find out the source of counterfeit currency notes. It is suspected that there is a racket dealing with the counterfeit currency notes and that the accused persons in these cases are part of the racket. Only after the second accused is arrested, B.A. Nos.4907 &4996/2009 3 more fruitful information could be gathered, according to the learned Public Prosecutor. 6. The offence is very serious one. Cases involving counterfeit currency notes cannot be taken lightly. A fruitful and effective investigation is required. If the petitioners are released on bail at this stage, it would seriously affect the proper investigation of the case as rightly pointed out by the learned Public Prosecutor. Investigation revealed that there was constant contact among the accused persons over mobile phone during the course of the commission of the offence. For the aforesaid reasons, I am not inclined to grant bail to the petitioners at this stage. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm