IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 Bail Appl..No. 3609 of 2009 CRIME NO.190OF 2009 OF KASARAGOD POLICE STATION CRMP.1828/2009 OF SESSIONS COURT, KASARAGOD PETITIONER/ACCUSED: --------------------------------------- JALEEL, AGED 43 YEARS, S/O.S.A.KOYA, RESIDING AT RUBY MAHAL, CHANDRAGIRI P.O., KASARAGOD. BY ADV. SRI.SHAIJAN C.GEORGE SRI.JOHN VIPIN SMT.S.REKHA KUMARI SMT.SAJITHA GEORGE RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTEDBY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3609 OF 2009 ------------------------------------------------------ Dated this the 3rd July, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.190 of 2009 of Kasaragod Police Station. 2. The offences alleged against the petitioner are under Sections 255, 260 and 420 of the Indian Penal Code. 3. The Assistant Superintendent of Post Office, Kasaragod submitted a petition to the Sub Inspector of Police, Kasaragod stating that out of the 73 articles presented by the Regional Transport Officer, Kasaragod for booking as speed post articles on 16.3.2009, four articles were found to bear postage stamps of the denomination of Rs.20/-, which were suspected to be fake. On the basis of this petition, a crime was registered. On investigation, it was revealed that the fake stamps were affixed on envelops submitted to the RTO for the purpose of sending driving licence to the addressees by post. For getting a driving licence, the applicant B.A. NO. 3609 OF 2009 :: 2 :: has to present a self addressed envelop with the required postage stamps to the RTO. It is alleged that the petitioner, who is running a driving school, has submitted these envelops on which fake postage stamps were seen affixed. The petitioner could not be arrested as he was absconding. 4. The petitioner filed an application for anticipatory bail before this Court as B.A.No.1699 of 2009, which was disposed of as per the order dated 3.4.2009. The petitioner was directed to surrender before the investigating officer for the purpose of interrogation on 13.4.2009. A direction was issued to the investigating officer to produce the petitioner on the same day before the Magistrate and the learned Magistrate was also directed to consider and dispose of the application for regular bail preferably on the same date. The petitioner did not surrender as directed. Later, he filed B.A.No.2364 of 2009 under Section 438 of the Code of Criminal Procedure. That application was dismissed by me on 28.5.2009. Thereafter, the petitioner surrendered before Court on 8.6.2009 and he was remanded to judicial custody. 5. Grave offences have been alleged against the petitioner. B.A. NO. 3609 OF 2009 :: 3 :: Counterfeiting government stamps is a very serious offence. It is punishable with imprisonment for life or with imprisonment by other description for the term which may extend to ten years and with fine. The investigating agency filed an application before the learned Magistrate for getting custody of the petitioner for interrogation. When the petitioner was produced before Court on 11.6.2009, he stated before Court that he was not physically and mentally fit. The learned Magistrate directed the petitioner to be subjected to examination by the Superintendent of General Hospital, Kasaragod. The Superintendent of the General Hospital issued a certificate stating that the accused was physically and mentally fit. It is stated that thereafter, the petitioner was interrogated by the investigating officer. 6. According to the prosecution, one fake stamp was seized on a search conducted in the house of the petitioner. The envelops containing fake stamps were seen forwarded to the India Security Press through messenger. The covers were received by the India Security Press only on 25.6.2009. It would appear that the envelops containing fake stamps were sent to the India Security Press only during last week of June, 2009. The examination of the stamps B.A. NO. 3609 OF 2009 :: 4 :: could not be conducted by the India Security Press as they demanded a sum of Rs.1,800/- as the examination fee. It is stated that a charge of Rs.100/- is to be paid for examination of each document. The Assistant Sub Inspector of Police and the police constable who went from Kerala to the India Security Press have come back. It is not clear whether the required amount was deposited. 7. As stated earlier, the petitioner is running a driving school. On 19.3.2009, search was conducted in the driving school. It is stated that computer, scanner, printer etc. were seized from the driving school. These articles were sent to the C-DAC for examination and verification. Learned Public Prosecutor states that the report from C-DAC is not received so far. 8. It is submitted by the learned counsel for the petitioner that Section 255 was sought to be added only to see that the petitioner is not granted bail. He also submitted that the court must take serious note of such steps on the part of the investigating agency as the freedom of the citizen is the most important aspect. I do not agree with the learned counsel for the petitioner. If Section 255 was added B.A. NO. 3609 OF 2009 :: 5 :: originally, anybody could say that the investigating agency was wrong. Even if a person produces an article on which a fake or counterfeit stamp is affixed, it cannot be assumed that he has done the counterfeiting. That is why, probably, Section 260 was shown as the Section under which the offence was committed. Later, the investigating agency came to the conclusion that the petitioner himself is the person who has counterfeited the stamps and accordingly, Section 255 was added. 9. The petitioner is in judicial custody since 8.6.2009. In the nature of the allegations levelled against him and in view of the nature and character of the offence, I do not think that it is safe to release the petitioner on bail at this stage. If the petitioner is released on bail at this stage, there is every likelihood of the evidence being tampered or the witnesses being intimidated or influenced by him. From the sequence of events, it can be seen that the petitioner was not co-operating with the investigating agency and he has not even complied with the direction issued by this Court. The learned Public Prosecutor submitted that the petitioner was involved in CR.No.130 of 2005 of Badiadka Police Station where the allegation was that the petitioner forged a driving licence. He is B.A. NO. 3609 OF 2009 :: 6 :: involved in other offences as well. If bail is granted to the petitioner at this point of time, there is also a likelihood of the petitioner making himself scarce. 10. In the facts and circumstances mentioned in paragraph 6 above, the investigating agency shall take prompt steps to expedite the further investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/