IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 Bail Appl..No. 625 of 2010 CRIME NO.822 OF 2009 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM PETITIONER/ACCUSED NO.1 --------------------------------- KANNAN NAIR, S/O. SASIDHARAN NAIR, ANUSREE, KULASEKHARAM, VATTIYOORKAVU.P.O., THIRUVANANTHAPURAM. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR RESPONDENT: --------------- THE SUB INSPECTOR OF POLICE, MUSEUM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 8/02/2010, THE COURT ON 10/02/2010 PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 625 OF 2010 ------------------------------------------------------ Dated this the 10th day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.822 of 2009 of the Museum Police Station, Thiruvananthapuram District. 2. The offences alleged against the petitioner are under Sections 489B and 489C read with Section 34 of the Indian Penal Code. 3. The crime was registered on the basis of the information received from the Assistant Manager, Reserve Bank of India, Thiruvananthapuram. It was reported to the police that on 29.12.2009, the second accused produced ten currency notes of the denomination of Rs.500/- before the defect notes counter of the Reserve Bank of India, Thiruvananthapuram for exchange. On scrutiny of the currency notes, the Reserve Bank people found that B.A. NO. 625 OF 2010 :: 2 :: the notes were not genuine. The prosecution case is that the currency notes were entrusted to the second accused by the first accused. 4. The petitioner (first accused) was arrested on 29.12.2009 and he was remanded to judicial custody. It is stated in the Bail Application that the petitioner is a Civil Draughtsman working as Chief Accountant in Gokulam Medical College, Venjaramoodu, Thiruvananthapuram. It is stated in the Bail Application thus: “4. He received a packet lying on the road which contained 10, Rs.500 denomination notes. He did not understand that they were counterfeit. Finding the side of the notes to be torn and therefore defective, and he gave it to his neighbour, A2, for the purpose of changing at the RBI defects note counter, where it was detected as counterfeit notes and accordingly the case was registered and he was arrested. Had he been a counterfeiter, he would not have given to the RBI defects notes counter. A1 did not know that the notes were counterfeit and he has no history of having indulged himself in any criminal activities or counterfeit trafficking till date.” B.A. NO. 625 OF 2010 :: 3 :: 5. The learned counsel for the petitioner submitted that at best it could be said that the petitioner was greedy and that he did not disclose that he had received Rs.5,000/- from the roadside. The petitioner is not involved in any criminal activities and that he is not in any way connected with the counterfeiting or in the circulation of counterfeit currency notes. The petitioner filed an application for bail before the Court of the Judicial Magistrate of the First Class III, Thiruvananthapuram, which was dismissed by the order dated 4.1.2010. The investigation has progressed thereafter. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 7. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – III, Thiruvananthapuram, subject to the following conditions: B.A. NO. 625 OF 2010 :: 4 :: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Sundays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall surrender his passport, if any, before the Court of the Judicial Magistrate of the First Class III, Thiruvananthapuram within a period of one week. If the petitioner does not hold an Indian Passport, an affidavit, sworn to by him, to that effect shall be filed before the learned Magistrate within one week; d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; f) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. (K.T.SANKARAN) Judge ahz/