IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 Bail Appl..No. 811 of 2008() ---------------------------- CRIME NO.229/2007 OF MANANAHAVADY POLICE STATION : PETITIONER/ACCUSED NO.2 ---------------------------------------- AMMED, S/O.MOIDU, AGED 38 YEARS, KULAHAMKUDIYIL HOUSE, CHETTAPALAM, ARATTUTHARA P.O., MANANTHAVADY, WAYANAD DISTRICT. BY ADV. SRI.P.K.JOSE RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA REPRESENTED BY S.I OF POLICE, MANANTHAVADY. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.811 of 2008 ---------------------------------------- Dated this the 12th day of February 2008 O R D E R Application for regular bail. The petitioner is the second accused. Altogether there are three accused persons. They face allegations in a crime registered under Section 489B and C I.P.C. From the first accused, who attempted to pass on a counterfeit currency note of Rs.500/- denomination to the de facto complainant, further fake currency notes were recovered. He was arrested. On the basis of his confession statement, the petitioner, who allegedly supplied the counterfeit currency notes to the first accused was arrested. The third accused had also been arrested. Accused 1 and 3 have been released on regular bail under the proviso to Section 167(2) Cr.P.C. The petitioner was arrested on 19/12/2007. He continues in custody from that date. 2. The learned counsel for the petitioner submits that the petitioner is innocent. Except the alleged confession statement of the first accused, there is significant absence of data to connect the petitioner with the alleged crime. The B.A.No.811/08 2 petitioner has remained in custody from 19/12/2007. He may now be enlarged on regular bail, prays the learned counsel for the petitioner. 3. The learned Public Prosecutor opposes the application. To a pointed query as to what data has been collected against the petitioner, the learned Public Prosecutor submits that, at the moment, there is only the confession statement of the accused persons. The learned Public Prosecutor only prays that the investigating officer may be given some further time to complete the investigation before the petitioner is enlarged on bail. Appropriate and strict conditions may also be imposed, it is prayed. 4. I have considered all the relevant inputs. The allegations are serious. Clinching data, it is seen, has not been collected yet. I am satisfied, in any view of the matter that the petitioner can be enlarged on bail, subject to appropriate terms and conditions. The investigating officer can be given some further time to complete the investigation. Appropriate conditions to secure the interests of a fair, proper and expeditious investigation can be imposed also. B.A.No.811/08 3 5. In the result, this petition is allowed. The petitioner shall be released on bail on the following terms and conditions: i) The petitioner shall not be released on bail on the strength of this order prior to 19/02/2008. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. ii) He shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. iii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 12 noon on all Mondays and Fridays, for a period of three months from the date of his release and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) jsr B.A.No.811/08 4 B.A.No.811/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007