IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 Bail Appl..No. 9618 of 2011() ----------------------------- CRIME NO.514/2009 OF CHADAYAMANGALAM POLICE STATION (CR.207/CR/S1/2009 CBCID OCW.1 SUB UNIT, KOLLAM) PETITIONER : ACCUSED NO.1 ------------------------------ NOUSHAD S/O.MUHAMMED, ILLIKKAL HOUSE, AMARAMBALAM VILLAGE, NILAMBOOR TALUK, MALAPPURAM DIST BY ADV. SRI. K.SIJU RESPONDENT(S): --------------- STATE OF KERALA, REP.BY DETECTIVE INSPECTOR, CBCID OCW.1,SUB UNIT, KOLLAM THROUTH PUBLIC PROSECUTOR, HGIH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9618 of 2011 --------------------------- Dated this the 21st day of December, 2011 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.514 of 2009 of Chadayamangalam Police Station, which was re-registered as Crime No.207/CR/S1/2009 CBCID OCW.1 Sub Unit, Kollam. 2. The offences alleged against the petitioner are under Sections 489B and 489C of the Indian Penal Code. 3. The prosecution case is the following : On 21.7.2009, the accused purchased two goats from the de facto complainant and paid ` 9,500/-. The accused tendered 9 thousand rupee notes and 5 hundred rupee notes. All these notes were counterfeit currency notes. 4. The petitioner was arrested on 5.9.2011 and he was BA 9618/11 2 remanded to judicial custody. However, no charge sheet was filed within a period of 90 days from the date of remand. Therefore, the petitioner is entitled to default bail under the proviso to Section 167(2) of the Code of Criminal Procedure. I am inclined to grant default bail to the petitioner. 5. It is submitted by the State Prosecutor that the petitioner is involved in four cases where the offences under Sections 489B and 489C are alleged. 6. As per the order dated 7th December, 2011 in Bail Application Nos.9619 of 2011 and 9620 of 2011, default bail was granted to the petitioner in Crime No.200 of 2008 of Kottarakkara Police Station (CBCID Crime No.58/CR/21/2008 of CBCID OCW-1, Sub Unit, Kollam) and Crime No.420 of 2007 of Palode Police Station (CBCID Crime No.23/CR/S1/2008). The petitioner in those Bail Applications is the petitioner in the present Bail Application as well. 7. I would not have granted bail to the petitioner in the BA 9618/11 3 present case or in the aforesaid two crimes, but for the fact that charge sheet was not filed within 90 days. The case involves a serious crime. However, the investigating agency did not think it proper to file the charge sheet within the time provided under Section 167(2) of the Code of Criminal Procedure. The court cannot order detention of the accused beyond the period provided under Section 167(2) Crl.P.C., howsoever grave the offence is, if the charge sheet is not filed within the time provided. The net result would be freeing an accused who is alleged to have regularly involved in circulation of counterfeit currency notes. This is a matter which requires serious attention of the Government and the Director General of Police. The petitioner shall be released on bail on his executing bond for ` 50,000/- (Rupees Fifty Thousand only) with two solvent sureties for the like amount to the satisfaction of the court having jurisdiction, subject to the following conditions : a) The petitioner shall surrender his Passport before the Court having jurisdiction. If the petitioner does not have a Passport, an affidavit to that effect shall be filed before the Court; BA 9618/11 4 b) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Saturdays, till the final report is filed or until further orders; c) The petitioner shall appear before the investigating officer for interrogation as and when required; d) The petitioner shall not leave the State of Kerala without giving prior intimation with all relevant details to the Detective Inspector, CBCID, OCW-I, Thiruvananthapuram; e) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; f) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; g) 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. The Registry will communicate a copy of this order to the Chief Secretary to the Government of Kerala and to the Director General of Police. K.T.SANKARAN JUDGE csl