IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 Bail Appl..No. 4631 of 2009 CRIME NO.103 OF 2009 OF KONDOTTY POLICE STATION PETITIONER/ACCUSED -------------------------------------- R.K.USMAN, S/O. ABDU, RARAM KANDATH HOUSE, THRIKKANAPURAM, (VIA) THAVANNOOR, MALAPPURAM DISTRICT. BY ADV. SRI.P.K.ABOOBACKER(EDAPPALLY) RESPONDENT: COMPLAINANT -------------------------- THE C.I. OF POLICE, C.B.C.I.D., NOORIYAD, CHALAPPURAM, KOZHIKODE, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4631 OF 2009 ------------------------------------------------------ Dated this the 20th August, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.5 in Crime No.103 of 2009 of Kondotty Police Station. 2. The offences alleged against the accused persons are under Sections 489A, 489C and 120B read with Section 34 of the Indian Penal Code. 3. The gist of the prosecution case is as follows. On 16.8.2008, one Muhammed Alshab came to India from Ras Al Khaimah and landed at Karipur International Airport. On examination of the baggage, it was found that several bundles of Indian currency notes were kept inside the baggage. Muhammed Alshab stated that the currencies were given to him by one Majeed and one Raffi. It was stated that one Babu and one Sajin @ Chinnan would approach him and ask for the baggage. When the passenger came out of the Airport, three persons approached him. B.A. NO. 4631 OF 2009 :: 2 :: They were C.S.Abdul Malik, Sajin C.P and Noushad. The DRI officials who were waiting outside the Airport stopped them. The passenger was escorted to the arrival hall of the Airport. On detailed examination, it was found that counterfeit notes for a sum of Rs.72,50,000/- were kept concealed in the baggage. On the basis of the statements of Muhammed Alshab and three persons mentioned above, searches were conducted. The petitioner was apprehended by the DRI officials. His statement was recorded and he was arrested on 17.8.2008. 4. The DRI officials felt that it was necessary to proceed against the accused persons under the relevant sections of the Indian Penal Code. Therefore, the Assistant Director of the Directorate of Intelligence, Calicut requested the Station House Officer, Kondotty Police Station to register a case for appropriate offences. Accordingly, Crime No.103 of 2009 was registered. 5. It is submitted by the learned counsel for the petitioner that after the arrest of the petitioner by the DRI officials, he was in judicial custody for 55 days and, therefore, there is no justification for his arrest by the police in the present crime. It is also submitted that the B.A. NO. 4631 OF 2009 :: 3 :: petitioner is a person engaged in fish vending for the last several years. He used to purchase dry fish from Gujarat and used to sell the same in the various parts of Calicut and Malappuram Districts. He used to reside in Ambady lodge, near Karipur Airport, and he used to do so for the last several years. The petitioner is not involved in any prejudicial activity and that the case is foisted against him. It is submitted that the personal liberty of the citizen is to be safeguarded and the paramount consideration is the liberty and freedom of the citizen. 6. The case involves counterfeit currency to the tune of Rs.72.5 lakhs. The investigation reveals that the counterfeit currency was printed in a foreign country and the counterfeit currency notes were brought to India. The case involves a serious crime. Use of counterfeit notes, import of the same to India and counterfeiting of the currency notes within the country are all offences intended to destabilize the nation. It would result in parallel economy being run. The financial stability of the nation is of paramount importance. When compared to the personal liberty of an individual, the stability and security of the nation is more important. The contentions as now put forward by the petitioner B.A. NO. 4631 OF 2009 :: 4 :: cannot be regarded as grounds for granting anticipatory bail in cases of this nature where lakhs of rupees worth counterfeit currency is involved. A casual approach by the investigating agency or by the Court in such matters would have an adverse impact in eradicating the menace of counterfeiting Indian currency, import of the same to India and in using the same as original Indian currency. A strict approach in such matters is required at all levels. I do not think that the petitioner is entitled to invoke the discretionary jurisdiction under Section 438 of the Code of Criminal Procedure. The discretionary relief should not be extended to persons against whom a prima facie case is made out for the offence of the nature mentioned above. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/