IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 Bail Appl..No. 6718 of 2008() ----------------------------- CMP.6557/2008 of J.M.F.C.,TALIPARAMBA CRIME NO.820/08 OF THALIPARAMBA POLICE STATION PETITIONER (S): APPLICANT/ACCUSED ------------------------------------- KRISHNAN.P., S/O.KUNHAMBU, KANDATHIL HOUSE, KOOTTAKKARI, PALLIKKARA, HOSDURG TALUK. BY ADV. SRI.P.VIJAYA BHANU SRI.P.NARAYANAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE C.I. OF TALIPARAMBA POLICE STATION. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.6718 of 2008 ----------------------------------------- Dated this the 29th October, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 489(B) and (C) of the Indian Penal Code. According to prosecution, petitioner went to deposit Rs.25 lakhs in a bank and out of this, Rs.17,500/- (35 currency notes of 500 denomination) was found to be counterfeit notes. Hence, petitioner was arrested on the same day on 14.10.2008 and he is in custody since then. 3. Learned counsel for petitioner submitted that petitioner's wife sold a property worth Rs.25 lakhs on 14.10.2008 and she received the sale consideration and petitioner had taken the amount to the bank for depositing the same. From the said amount, 35 currency notes were found to be fake notes. Petitioner is innocent of the allegations made. The bank is only 50 meters away from the Registrar's office and it is highly unlikely that petitioner will insert 35 fake currency notes taking away 35 notes from the sale consideration received. There was a property dispute and it was settled in a Lok Adalat and it was pursuant to such BA.6718/08 2 settlement that the property was sold by the petitioner's wife. Petitioner is working abroad for 18 years and he has come to India only for the purpose of effecting the sale, it is submitted. Learned counsel for petitioner also submitted that the petitioner is prepared to co-operate with the investigation and he will report before the investigating officer as and when directed. 4. Learned Public Prosecutor submitted that he has no objection in granting bail on conditions. Hence, petitioner is granted bail on the following terms and conditions: i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioner will report before the investigating officer within 7 days of his release and co- operate with the investigation. Iii) Petitioner shall not tamper with evidence or influence or intimidate any witness or commit any offence while on bail. Petition is allowed. K.HEMA, JUDGE vgs.