IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 Bail Appl..No. 4356 of 2010() ----------------------------- (CRIME NO. 571/2004 OF KASARGODE POLICE STATION AND THIS IS PENDING AS CO NO.138/2010 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE-1, KASARGOD) PETITIONER/4TH ACCUSED ------------------------------------------ KUNHIKOYA THANGAL, AGED 41 YEARS, S/O.SAITHALAVI THANGAL, RESIDING AT POVVAL, BOVIKANAM, MULIYAR P.O., KASARAGOD DISTRICT. BY ADV. SRI.JAWAHAR JOSE RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- B.A. No. 4356 of 2010 --------------------------------------------------- Dated this 22nd day of July, 2010. ORDER Petition for bail. 2. The alleged offences are under Sections 489(B), 489(C) and 120(B) r/w 34 IPC. According to prosecution, accused nos. 1 to 4 were in possession of fake notes of 100 Dirhams and they used the same, in furtherance of common intention. On 25.3.2004 at about 3 p.m. the Circle Inspector arrested first accused when first accused was found in possession of fake notes and thereafter, on investigation, it is revealed that accused nos. 3 to 4 are also involved in the offences. 3. Learned counsel for petitioner submitted that petitioner is the 4th accused and he was brought into the array of accused at a highly belated stage. The only material against petitioner is the statement of CWs 9 and 10, which are totally insufficient to implicate petitioner with the crime. None of the offences can be said to have committed by petitioner. [B.A.No.4356/2010] 2 Petitioner was arrested on 20.6.2010 and he is in custody for the past 50 days, it is submitted. 4. Learned Public Prosecutor submitted that petitioner was absconding for about 6 years and he could be arrested only on 20.6.2010, though the crime was registered on 25.3.2004. However, he has no objection in granting bail by imposing stringent conditions, it is submitted. 5. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence, the following order is passed : Petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions: (i) Petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (ii) Petitioner shall surrender his passport before the court concerned within 7 days from today. If the petitioner is not [B.A.No.4356/2010] 3 having any passport in his possession, he shall file an affidavit to that effect before the court concerned. (iii) Petitioner shall not influence or intimidate any witness or tamper with evidence. (iv) In case the petitioner is involved in any offence of similar nature, his bail is liable to be cancelled. Petition is allowed. K. HEMA, JUDGE. Krs.