IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 16TH APRIL 2010 / 26TH CHAITHRA 1932 Bail Appl..No. 2246 of 2010() ----------------------------- CMP.269/2010 of J.M.F.C.-II,KOTTARAKKARA .................... (CRIME NO.82/2010 OF KADACKAL POLICE STATION, KOLLAM DISTRICT) ..... PETITIONER/ACCUSED NO.2: ------------------------------------------- MUHAMADU KUNJU, S/O.HUSSAIN RAWTHER, VURUPPEL PUTHEN VEEDU, PATHANAMTHITTA MUNICIPALITY, WARD NO.22, VALLAMCHUZHY, PATHANAMTHITTA. BY ADV. SRI.ALEXANDER GEORGE RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS DIRECTOR OF PUBLIC PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KADACKAL POLICE STATION, KOLLAM DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANSAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.K. MOHANAN, J. ---------------------------------------- Bail Application No.2246 of 2010 ----------------------------------------- Dated this the 16th day of April, 2010 O R D E R This is an application for regular bail filed by the petitioner, who is the 2nd accused in Crime No.82/2010 of Kadackal Police Station, in which offences under Sections 489(B), 489(C) r/w S.34 of I.P.C. are involved. 2. The allegation against the petitioner is that, on 16.1.2010 at about 4.30 p.m. the 2nd respondent got secret information regarding the sale of counterfeit notes by the 1st accused. Immediately the police party reached the spot and arrested the 1st accused and he was found in possession of two numbers of Five Hundred Rupees of two fake currency notes (Rs.500). As per the confession statement of the 1st accused the police party conducted a search in the shop room of the 2nd accused and recovered 46 numbers of five hundred currency notes bearing different serial numbers from his shop. Then the 2nd respondent arrested the petitioner from his shop at Kumpazha at Pathanamthitta. The prosecution alleged that both accused B.A.No.2246 of 2010 -:2:- persons are found in possession of fake currency notes and the same is to be used as a genuine one with an intention to obtain unlawful gain. 4. I have heard learned counsel for the petitioner and also the learned Public Prosecutor. 5. The petitioner is arrested only on 16.1.2010. The investigation in this case is in progress. Considering the nature of the offences involved in the case, I am not inclined to grant bail to the petitioner at this stage, especially since the release of the petitioner at this stage is likely to affect the investigation adversely and there is no guarantee that he would not influence the witnesses and interfere with the investigation. In the result, there is no merit in the petition for bail and accordingly, the same is dismissed. V.K.MOHANAN, JUDGE ami/