IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 Bail Appl..No. 3603 of 2008() ----------------------------- CMP.1101/2008 of J.M.F.C.-II,ATTINGAL CRIME NO.211/08 OF KILIMANOOR POLICE STATION PETITIONER/2ND ACCUSED --------------------------------------- MOHAN PRAKASH, S/O MADHAVAN, CHEMBAKASSERY THEKKETHIL VEEDU, ADAYAMON DESOM, PAZHAYAKUNNUMMEL VILLAGE, BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS: STATE ------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KILIMANOOR POLICE STATION. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 3603 of 2008 ----------------------------------------- Dated this the 5th day of June, 2008 O R D E R This petition is for bail. 2. According to prosecution, first accused tried to remit Rs.53,000/- in his account in the State Bank of Travancore on 9.5.2008 and while counting it was found that ten currency notes were fake currency notes. Accused told the bank officials that it was the second accused, who gave the money to him. Hence a crime was registered against both the accused under Section 498B and 34 of Indian Penal Code. 3. Petitioner is the second accused and he was arrested on 9.5.2008 and he is in custody since then. Learned counsel for petitioner submitted that the first accused was granted bail by this Court as per order dated 27.5.2008 in B.A.No.3386 of 2008. According to him, petitioner is the son-in-law of the first accused and he had availed of a housing loan from the Housing Board to the tune of Rs.1,00,000/-. The cheque issued towards the loan amount was encashed from the District Co-operative Bank and an amount of Rs.9,380/- was given to the petitioner on 9.5.2008. On the same day BA.3603/08 2 Rs.53,000/- was given by the petitioner to the first accused for remitting the same in the State Bank of Travancore. Unfortunately, the amount might have contained forged notes for which the petitioner is not liable, it is submitted. Petitioner is not involved in any other offence. 4. On hearing both sides, I am satisfied that the petitioner can be granted bail. Hence, petitioner is granted bail on the following terms and conditions: i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the court below. ii) Petitioner shall report before the investigating officer as and when directed. Petition is allowed. K.HEMA, JUDGE vgs.