IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 Bail Appl..No. 5179 of 2009() ----------------------------- CRM.1776/2009 of DISTRICT COURT, KOTTAYAM CRMP.3631/2009 of J.M.F.C.,CHANGANACHERRY .................... 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(S): COMPLAINANT -------------------------- DETECTIVE INSPECTOR OF CBCID (SIG II), COUNTERFEIT SQUAD, ERNAKULAM, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5179 of 2009 ------------------------------------ Dated this the 15th day of September, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No. 198/2009 of Changanacherry Police Station. 2. The offences alleged against the petitioner 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 CBCID. It would appear that Ajeesh was later exonerated from the case on the ground that he is not the person involved in the B.A. No. 5179 of 2009 2 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 Autorickshaw 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 Autorickshaw. Accused Nos. 1 and 3 were arrested on 31.07.2009 and they are in judicial custody since them. The second accused is not arrested so far. 5. Bail Application No. 4907/2009 was moved by the petitioner under Section 439 of the Code of Criminal Procedure. That application was dismissed by me as per the order dated 28.08.2009. One of the reasons for dismissing that application was that the second accused was not arrested and that only after his arrest, the source of the counterfeit currency notes could be traced out. Even after a lapse of about 3 weeks, the police could not arrest the second accused. 6. It is submitted by the learned counsel for the petitioner that accused No.3 is a Carpenter by profession and that he is not B.A. No. 5179 of 2009 3 involved in the offence. 7. The learned Public Prosecutor submitted that the third accused had hired the Autorickshaw, on the instruction from the first accused. The third accused facilitated planting of counterfeit currency notes in the Autorickshaw. 8. It is submitted by the learned counsel for the petitioner that there is nothing to indicate that the petitioner having counterfeit currency notes at any point of time or that he had dealt with counterfeit currency notes. It is not necessary to arrive at a finding in respect of the above aspect for the purpose of the disposal of this Bail Application. If any such finding is arrived at, it would cause prejudice either to the prosecution or to the defence. 9. The petitioner is in judicial custody from 01.08.2009 as he was arrested on 31.07.2009. There is no reason why the petitioner should be further detained. 10. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the B.A. No. 5179 of 2009 4 petitioner on stringent conditions. 11. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Changanacherry subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, till the final report is filed or until further orders. B) The petitioner shall appear before the Investigating Officer for interrogation as and when required. C) The petitioner shall not leave the limits of Changanacherry Police Station for a period of one month. D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. B.A. No. 5179 of 2009 5 K.T. SANKARAN, JUDGE ln