IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 Bail Appl..No. 4238 of 2008() ----------------------------- PETITIONER : 3RD ACCUSED: ----------------------------- C.MOHANA KUMAR, PUTHENVILA VEEDU, NILAKKAMUKKU, VAKKOM P.O. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENT: ------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, OFFICE OF THE ADVOCATE GENERAL, HIGH COURT BUILDING, ERNAKULAM, (DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH CID, (CFS), S.I.G-1, THIRUVANANTHAPURAM). BY P.P. SHRI P.A.SALIM. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4238 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of July, 2008 O R D E R Application for anticipatory bail 2. According to the prosecution, the petitioner handed over certain amount to the 2nd accused and he handed over the same to the 1st accused. The 1st accused was getting change in a shop belonging to the defacto- complainant and it was noticed that the currency note of Rs.1000/- is a fake note. He gave information to the police and the 1st accused was arrested. The 1st accused was questioned and on his confession the 2nd accused was also arrested. Accused 1 and 2 gave information regarding the involvement of the 3rd accused/petitioner. According to the prosecution, the petitioner and others have committed offences under sections 489B and 489C read with section 34 IPC. 3. Learned counsel for the petitioner submitted that the petitioner has nothing to do with the offence and he is totally innocent of the allegations made. It is also submitted that though a search was conducted in the house of the petitioner, nothing was recovered. As per his information, accused 1 and 2 have not given any statement against the petitioner. BA 4238/08 -2- 4. The learned Public Prosecutor opposes the application. He submitted that the petitioner is specifically implicated in the crime and the fake note came from his possession. Source of the fake note has to be traced out. If the petitioner is granted bail, this may not be possible, it is submitted. The petitioner was not available for interrogation or arrest, in spite of lapse of a long period. The learned Public Prosecutor submitted that the details of the statement given by accused 1 and 2 will reveal the complicity of the petitioner in the crime. 5. On hearing both sides and in the nature of the offences alleged, I find that it may not be proper to grant anticipatory bail to the petitioner. The application is dismissed. K. HEMA, JUDGE. mn.