IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 Bail Appl..No. 6518 of 2008() ----------------------------- CRIME NO.605/2005 OF KOLLAM EAST POLICE STATION PETITIONER/3RD ACCUSED ------------------------------------------ GIJI ANTONY JACOB, S/O.C.S.JACOB, 1/1810 WILLIAM P.MANUEL ROAD, CHIRATTAPPALAM, KOCHI-1. BY ADV. SRI.DILEEP P.PILLAI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.6518 of 2008 --------------------------------------------- Dated this the 25th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 489(B) read with Section 34 IPC. According to prosecution, police party got information that two persons were standing in front of the KSRTC garage with fake currency notes and accordingly when they reached the place, they found A1 and A2 and they were intercepted and questioned and it was found that they were having fake currency notes in their possession. From A1's possession, 89 currency notes of 500 denominations and one currency note of 100 denomination were seized and from the possession of second accused, 25 currency notes of 500 denomination were seized. They were arrested from the spot and a case was registered against them. On interrogation, it was revealed that petitioner, who is the third accused, is the person who had supplied the same to the first and second accused. 3. Learned counsel for petitioner submitted that the only information given by first and second accused was that one “Giji” had given the notes, but, petitioner is absolutely innocent BA No.6518/2008 2 of the allegations made. Hence, he may be granted anticipatory bail, it is submitted. 4. This petition is strongly opposed. Learned public prosecutor submitted that this crime was registered as early as on 23.8.2005, about more than three years back, and the details of accused were available to the Investigating Officer on the date of arrest itself. The telephone number, in which, the accused used to contact the petitioner was given to the Investigating Officer and details of petitioner was traced out, accordingly. Though petitioner is required for investigation, for the past more than three years, he was evading arrest and hence, it is not a fit case to grant anticipatory bail, it is submitted. The investigation is in progress, but, petitioner's interrogation is essential to reveal various details in connection with the crime, it is submitted. 5. On hearing both sides, I am satisfied that the allegations made against petitioner are serious in nature and that petitioner was evading arrest for the past more than three years. He has not surrendered before the court or the police for a very long period. Petitioner has not made out any special BA No.6518/2008 3 circumstance which would persuade this Court to grant anticipatory bail by invoking provision under Section 438 Crl.P.C. Petitioner is directed to surrender before the Investigating Officer within three days from today and co-operate with investigation. Whether he surrender or not police is at liberty to arrest him at any time and proceed in accordance with law. The petition is dismissed. K.HEMA, JUDGE csl