IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 Bail Appl..No. 9761 of 2011() ----------------------------- Crime No.395 of 2006 of Mangalapuram Police Station, re-registered as Crime No.221 of 2006 of CBCID, Thiruvananthapuram. PETITIONER/7TH ACCUSED ------------------------------------------ JAYASANKAR,AGED 35 YEARS, S/O.LIZANDAR RAJ,BIJU BHAVAN,THERANI, ANAVOOR VILLAGE,NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.D.KISHORE RESPONDENT(S): STATE -------------------- 1. STATE OF KERALA,REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031. 2. THE DETECTIVE INSPECTOR, CBCID-OCW 1, THIRUVANANTHAPURAM 695 001. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 9761 OF 2011 --------------------------------- Dated this the 1st day of December, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.7 in Crime No.395 of 2006 of Mangalapuram Police Station, re- registered as Crime No.221 of 2006 of CBCID, Thiruvananthapuram. 2.The offences alleged against the petitioner are under Sections 489B and 489C of the Indian Penal Code. 3.The prosecution case is that on 28.6.2006, 67 counterfeit currency notes of the denomination of `50/- were seized from the possession of accused No.2. Investigation revealed that the petitioner is also involved in the offence. 4. The petitioner was arrested on 17.10.2011 and he was remanded to judicial custody. B.A.No. 9761 OF 2011 2 5. It is submitted that accused Nos.2 to 5 were granted bail in the year 2006. Accused Nos. 1 and 6 are not arrested so far. 6. The learned Public Prosecutor submitted that the petitioner is involved in Crime No.407 of 2003 of Parassala Police Station, where the offence involved is under Section 489-B & C read with 34 of the Indian Penal Code. 7. The investigation in the present case is not over. However, the petitioner is in judicial custody since 17.10.2011. 8.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 with effect from 16.12.2011. 9.The petitioner shall be released on bail only on 16.12.2011 on his executing bond for `25,000/-(Rupees Twenty Five thousand only) with two solvent sureties for the B.A.No. 9761 OF 2011 3 like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Attingal, 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 and Thursdays for a period of two months, and thereafter on all Mondays, till the final report is filed or until further orders. 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. E) The petitioner shall cooperate with the investigating officer in the matter of investigation. F) 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 cms