IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 Bail Appl..No. 5603 of 2011 KOLLAM CBCID CRIME NO.44 OF 2009 CRIME NO.65 OF 2009 OF OACHIRA POLICE STATION, KOLLAM DISTRICT. PETITIONER/ACCUSED A5 ----------------------------------------- SHIHAB @ DEEN, AGED 28 YEARS, MAMPARAYIL(KARIMUTTATHU), ERAVICHIRA EAST, SOORANAD VILLAGE, KUNNATHOOR TALUK,KOLLAM DISTRICT. BY ADV. SRI.P.V.DILEEP RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5603 OF 2011 C ------------------------------------------------------ Dated this the 29th day of July, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.5 in CBCID Crime No.44 of 2009, which was originally registered as Crime No.65 of 2009 of Oachira Police Station, Kollam District. 2. The offence alleged against the accused is under Section 489B and C of the Indian Penal Code. 3. The prosecution case is the following: On 12.2.2009, accused No.1 tendered a fake thousand rupee currency note in a shop. On suspicion he was detained. He was arrested by the police. Accused No.1 revealed that the fake note was handed over to him by accused No.2. On further investigation, it was revealed that accused Nos.3 and 5 purchased 58 fake currency notes of the denomination of `1,000/- from accused No.6 and out of the said 58 notes, a portion was given to accused No.2, who in turn gave the note to accused No.1. BAIL APPL. NO.5603 OF 2011 :: 2 :: 4. The offence alleged against the accused is very very grave in nature. An application for anticipatory bail cannot be entertained at all in a case of this nature. There is no question of granting any discretionary relief to persons who indulged in circulation of counterfeit currency notes. The petitioner is not entitled to any discretionary relief. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/