IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 Bail Appl..No. 7360 of 2011() ----------------------------- CMP.2680/2011 of J.M.F.C.-III,TRIVANDRUM CRIME NO.466/CR/SI/2005 OF CBCID (CANTONMENT POLICE STATION CRIME NO.299/2005) .................... PETITIONER/ACCUSED NO.2 : ------------------------- FAZALUDEEN, S/O. ABDUL KHADER, AGED 44 YEARS, VELLAR CHOLATHOTTATHIL PUTHEN VEEDU, VELLAR DESOM, VENGANNOOR VILLAGE, THIRUVANANTHAPURAM, PIN-695 527. BY ADV. SRI.VICTOR ANTONY NOONE DR.V.N.SANKARJEE RESPONDENTS: COMPLAINANT -------------------------- 1. DETECTIVE INSPECTOR, OCW-1, CBCID, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY HOME SECRETARY, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7360 of 2011 ---------------------------------------------- Dated this the 23rd day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.466/CR/S1/2005 of CBCID (Cantonment Police Station Crime No.299 of 2005) 2. The offence alleged against the petitioner is under Section 489-A, B, C & D read with Section 34 of the Indian Penal Code. 3. The prosecution case is the following:- On 07/10/2005, the Dy.S.P., Counterfeit Squad of CBCID got secret information that counterfeit currency notes were being dealt with by several persons. On the basis of the information, surveillance was made. The police arrested accused Nos.1 and 3 while accused No.1 was handing over counterfeit currency to accused No.3. On search of the house of accused No.1, counterfeit currency of the denominations of Rs.500, 100 and 50 for a total sum of Rs.5,50,000/- was seized. Investigation revealed that the counterfeit currency notes Bail Appln.No.7360/2011 : 2 : were supplied by accused No.2. Accused No.2 was running a Computer Centre at Thiruvananthapuram. On a search made at the Computer Centre, 50 counterfeit currency notes of the denomination of Rs.500 and one currency note of the denomination of Rs.100 were seized. The second accused (petitioner) could not be arrested as he was evading arrest. A lookout notice was issued. It was learnt that the second accused was available at Palakkad. By the time the police reached the place, he escaped. Later, the petitioner surrendered before court on 19/07/2011 and he was remanded to judicial custody. 4. Advocate Sri.V.N.Sankarjee, the learned counsel appearing for the petitioner submitted that there are no materials to connect the petitioner with the crime and on a mere suspicion, the personal liberty of the citizen cannot be curtailed. 5. Large amount of counterfeit notes were seized in the case. The petitioner could not be arrested for quite a long period. He could manage to make himself scarce. If the petitioner is released on bail, apart from the danger of the Bail Appln.No.7360/2011 : 3 : petitioner involving himself in the same type of offences, there is also every likelihood of his fleeing from justice and making it impossible for the court to dispose of the case. In the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj