IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 Bail Appl..No. 3624 of 2010() ----------------------------------------- MALAPPURAM CBCID CRIME NO.410/CR/OCW/111/10. (FORMERLY-NILAMBUR POLICE STATION CRIME NO.240/2010 MALAPPURAM DISTRICT.). .................... APPLICANT/ACCUSED --------------------------------- BALASUBRAMANYAM, AGED 59 YEARS, S/O. PALANI SWAMI, CHUNAMBU KALTHODU, KOZHIPARA, CHITOOR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.P.VENUGOPAL. RESPONDENT/COMPLAINANT --------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - REPRESENTING CBCID, MALAPPURAM. BY PUBLIC PROSECUTOR MR.M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K.HEMA, J. ------------------ B.A. No. 3424 of 2010 ------------------------------------ Dated this the 17th day of June, 2010 O R D E R Petition for bail. 2. The alleged offence is under Section 489 B of Indian Penal Code. According to prosecution, petitioner was apprehended while he was standing in front of bus stop and Rs. 4,700/- was seized from his custody. Out of this, nine currency of Rs.500/- and two currency of Rs. 100/-, and one currency of Rs.20/- and five currency of Rs.10/- were seized from his possession. He was arrested on 02.04.2010. 3. The learned counsel for petitioner submitted that petitioner is innocent of the allegations made and he has nothing to do with the offence. He had received the money from Coimbatore as the sale consideration for fire wood. He is running business in fire wood. The petitioner is prepared to abide by any condition and co-operate with the investigation and point out the person from whom he collected the amount. Petitioner is in custody for the past 76 days. B.A. No. 3424 of 2010 2 4. Learned counsel for petitioner also submitted that petitioner was questioned by the police from the jail and he had given the details of the person from whom he received money. He was not aware that the money, which was seized from his possession are counterfeit currency notes. It is also submitted that the police has not traced out the co-accused but petitioner may not suffer because of the latches on the part of the police. 5. Learned Public Prosecutor submitted that on investigation petitioner is found to be in possession of the currency notes on questioning various persons. The other accused are not arrested so far. 6. On hearing both sides and on going through the case diary and the confession statement of petitioner, I am satisfied that bail can be granted on conditions. Hence the following order is passed: Petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: B.A. No. 3424 of 2010 3 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) In case, petitioner is involved in any similar offence, bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE ln