IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 Bail Appl..No. 3341 of 2009() ----------------------------- CRIME NO.183/CR/S III/07 OF CBCID, KOZHIKODE PETITIONER -------------------- NOUFEL,AGED 23 YEARS,S/O.MUHAMMED, IQBAL HOUSE,KASARAGOD BALLA BEACH, P.O.KANHANGAD,HOSDURG TALUK,KASARAGOD DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------- STATE OF KERALA THROUGH THE S.I.G., CBCID,KOZHIKODE,REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.3341 of 2009 --------------------------------------------- Dated this the 19th day of November, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.183/CR/S III/07 of CBCID, Kozhikode. 2. The offences alleged against the petitioner are under Sections 489B and 489C of the Indian Penal Code. 3. The prosecution case is that one Fathima borrowed a sum of Rs.3,500/- from the petitioner. The petitioner gave seven 500/- rupee notes to Fathima. Fathima went to a Co-operative Bank for the purpose of paying the instalments towards the loan account. At that time, the Bank officials stated that those notes were counterfeit currency notes. Fathima informed the police. The petitioner is accused of the offence under Sections 489B and 489C of the Indian Penal Code. 4. The offence alleged against the petitioner is very serious in nature. This is not a fit case where anticipatory bail can be granted. The relief under Section 438 of the Crl.P.C. cannot be granted in a case of this nature. Investigation of the BA No.3341/2009 2 case would be adversely affected, if anticipatory bail is granted to the petitioner. The petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl