IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 10TH JULY 2009 / 19TH ASHADHA 1931 Bail Appl..No. 3737 of 2009() ----------------------------- CRIME NO.161/2009 OF CANTONMENT POLICE STATION, THIRUVANANTHAPURAM .................... PETITIONER/3RD ACCUSED (IN CUSTODY). -------------------------------------------------------- CHANDRABABU @ BABU,S/O.KARUNAKRAN PILLAI TKM HOUSE, NEAR SASTHAVATTOM JUNCTION, KATTAIKONAM VILLAGE,THIRUVANANTHAPURAM, (SARASWATHI VILASOM VEEDU, VATTAYAYATHUKADA, KUDAVATOOR WARD,ODANAVATTOM VILLAGE,KOTTARAKKARA TALUK). BY ADV. SRI.M.RAJAGOPALAN NAIR SRI.G.BIJU RESPONDENT(S): COMPLAINANT. --------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------- B.A.No.3737 of 2009 ------------------------------ Dated this the 10th day of July, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the third accused in Crime No.161 of 2009 of Cantonment Police Station, Thiruvananthapuram. 2. The offences alleged against the petitioner are under Sections 489B and 489C read with Section 34 of the Indian Penal Code. 3. The prosecution case is that accused Nos.1 and 2 were arrested from a bar hotel, when they paid counterfeit notes at the hotel. They were interrogated. From their statements, the complicity of the third accused was revealed. In the statement made by the third accused, he stated that he received the counterfeit notes from a public place and that he gave the notes to other accused. The petitioner was arrested on 4.5.2009 and he is in judicial custody. 4. Learned public prosecutor submitted that the investigation of the case is progressing and the investigation is taken over by CBCID. 5. The petitioner had filed B.A.No.3309 of 2009 which was BA No.3737/2009 2 dismissed by the order dated 26th June 2009. Learned counsel for the petitioner submitted that the petitioner is hospitalised in the Medical College Hospital, Thiruvananthapuram, and that a surgery is required. It is also submitted that he is a retired military person and that he was never involved in any offence what so ever. 6. 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 petitioner. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-III, Thiruvananthapuram, 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, till the final report is filed or until further orders. If the petitioner is admitted in the hospital, he shall inform the same to the investigating officer, in which case he shall be exempted from appearance on the days in which he remains an inpatient; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; BA No.3737/2009 3 e) 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. K.T.SANKARAN, JUDGE csl