IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 Bail Appl..No. 9886 of 2011() ----------------------------- CMP.11949/2011 of J.M.F.C. - I, KARUNAGAPPALLY CBCID Crime No.44/CR/S1/2009 of CBCID, OCW-I, Sub Unit, Kollam (Crime No.65 of 2009 of Oachira Police Station). .................... PETITIONER/5TH ACCUSED : -------------------------- SHIHABUDEEN, S/O. SHAJI, AGED 29 YEARS, MAMPARPAYIL VEEDU, SOORANADU TALUK, SOORANADU VILLAGE, KOLLAM. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. PUBLIC PROSECUTOR SMT.HIMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9886 of 2011 ---------------------------------------------- Dated this the 06th day of December, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.5 in CBCID Crime No.44/CR/S1/2009 of CBCID, OCW-I, Sub Unit, Kollam (Crime No.65 of 2009 of Oachira Police Station). 2. The offence alleged against the petitioner is under Section 489-B and 489-C of the Indian Penal Code. 3. The prosecution case is that, while accused No.1 tendered a counterfeit currency note as a genuine one, he was arrested by the police on 12/02/2009. Investigation revealed the complicity of accused Nos.2 to 6. Accused Nos.2 to 4 were arrested in February, 2011. However, the petitioner (accused No.5) could not be arrested till 21/11/2011 as he was absconding. Accused No.6 is not arrested so far. The prosecution case is that accused No.5 received fifty counterfeit currency notes of the denomination of Rupees One thousand from accused No.6, both of them knowing fully well that they were dealing with counterfeit currency notes. Bail Appln.No.9886/2011 : 2 : 4. Investigation is in progress. If the petitioner is released on bail at this stage, it would adversely affect the proper investigation of the case. If he is released on bail, it is most likely that he would influence and intimidate the witnesses and tamper with the evidence. It would not be possible to arrest accused No.6 as well, if the petitioner is released on bail at this stage. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj