IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 Bail Appl..No. 512 of 2008() ---------------------------- CMP.4726/2007 of J.M.F.C.,KUNNAMKULAM CRIME 1342/07 OF KUNNAMKULAM POLICE STATION .................... APPLICANT/ACCUSED NO.2 --------------------------------------- SHAHUL HAMEED, AGED 55 YEARS, S/O.KUNJALI, ALUNGAL HOUSE, PANDALLUR DESOM, CHOWANNUR VILLAGE. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 512 OF 2008 ```````````````````````````````````````````````````` Dated this the 30th day of January, 2008 O R D E R Application for regular bail. Petitioner is the 2nd accused. He faces allegations in a crime registered under section 489 B and C. Three counterfeit currency notes of Rs.100/- denomination were seized from the possession of the 3rd accused and FIR was accordingly registered. Interrogation of the 3rd accused revealed to the investigator the complicity of A4 and further investigation revealed the complicity of A5 and the complicity of the petitioner herein. A search of the premises of the petitioner - the outhouse of the petitioner, led to the recovery of 676 counterfeit currency notes of Rs.100/- denomination. The petitioner was arrested on 11.12.07. He continues in custody from that date. According to the confession statement of the petitioner herein, the complicity of the first accused has been revealed. The BA.512/08 : 2 : first accused has not been arrested yet. Investigation is in progress. The 5th accused has already been enlarged on bail as per the order of this Court. Accused Nos.2, 3 and 4 remain in custody even now, it is submitted. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. It is prayed that the petitioner may be granted regular bail now, he having remained in custody from 11.12.07. 3. The learned Public Prosecutor opposes the application. Investigation is not complete. The first accused has not been traced. At this earlier stage, the petitioner cannot be enlarged on bail. Investigators in a serious crime like this are certainly entitled to further time to complete the investigation, it is submitted. 4. Having considered all the relevant inputs, I find merit in the opposition of the learned Public Prosecutor. I find no circumstances which can persuade me to invoke the discretion under section 439 Cr.P.C. in favour of the petitioner BA.512/08 : 3 : at this stage. 5. In the result, this petition is dismissed. However, I may hasten to observe that the petitioner shall be at liberty to move this court or the Sessions court for bail again at later stages of the investigation not, at any rate, prior to 13/02/2008. The investigator shall, in the meantime, make every endeavour to complete the investigation. (R.BASANT, JUDGE) aks