IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 Bail Appl..No. 7195 of 2008() ----------------------------- CRIME NO.170/CR/SIII/2007 OF CBCID KOZHIKODE PETITIONER: APPLICANT/ ACCUSED NO.2 ------------------------------------------- E.C.ABOOBACKER, S/O.ALAVI, ELLACHOLA HOUSE, KOOTTILANGADI, PARADI, MALAPPURAM DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.P.VENUGOPAL (1086/92) RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESETING THE DETECTIVE INSPECTOR, C.B.C.I.D, S.I.GIII, KOZHIKODE. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BA.7195/08 1 K.HEMA, J. ----------------------------------------- B.A.No. 7195 of 2008 ----------------------------------------- Dated this the 8th January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 489(b) of the Indian Penal Code. According to prosecution, first accused was arrested on a complaint given by the Bank Manager alleging that an amount of Rs.3 lakhs, which was brought by him for deposit, contained 5 fake currency notes of Rs.1,000/- denominator and 3 fake currency notes of Rs.500/- denominator. On investigation, it is revealed that the money was given by second accused to him. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. Petitioner is the brother-in-law of first accused and he had given Rs.3 lakhs to him from the money which he obtained at the time of retirement from a partnership. The said money was taken by first accused to be deposited in a bank. Neither first accused, nor petitioner was aware about the fake notes. During the pendency of this petition, petitioner was directed to appear before the investigating officer BA.7195/08 2 to explain his innocence. He had accordingly appeared and he was interrogated. 4. Learned Public Prosecutor submitted that he has no objection in granting anticipatory bail to petitioner, but he may be directed to surrender before the investigating officer, in case he is required for interrogation. On hearing both sides, I find that anticipatory bail can be granted to petitioner on conditions and hence, the following order is passed: Petitioner shall surrender before the Magistrate Court concerned within seven days from today and he shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned, on the following conditions: i) Petitioner shall report before the investigating officer as and when directed. ii). Petitioner shall not commit any offence while on bail. Petition is allowed. K.HEMA, JUDGE vgs.