IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 Bail Appl..No. 5217 of 2011() --------------------------------------- CRIME NO.255/2011 OD CANTONMENT POLICE STATION. NOW TRANSFERRED AS CRIME NO.102/CR/S1/2011 OF CBCID (CFI) MUTTADA. TRIVANDRUM DIST. .................... PETITIONER/ACCUSED ---------------------------------- PADMASANAN, S/O.APPUKUTTAN, THUNDU KATTAKKAL HOUSE, TC 17/307 CHADIYARA POOJAPURA, TRIVANDRUM. BY ADV. SRI.M.R.SARIN RESPONDENT(S): ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T.SANKARAN, J. --------------------------------- B.A. No.5217 OF 2011 --------------------------------- Dated this the 25th day of July, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is the accused in Crime No.255 of 2011 of the Cantonment Police Station, which is now transferred as Crime No.102/CR/S1/2011 of CBCID(CFI), Muttada, Thiruvananthapuram. 2. The offence alleged against the petitioner is under Section 489-B of the Indian Penal Code. 3. The prosecution case is that on 4.4.2011 at 11 A.M, the petitioner went to the State Bank of India, Main Branch, Thiruvananthapuram, and tendered 8 currency notes of the denomination of `1,000/- for depositing the amount in his own account. On inspection, it was found that the 7 currency notes were counterfeit currency notes. B.A. No.5217 OF 2011 2 4. When the Bail Application came up for admission on 12.4.2011, the following order was passed: “The offence alleged against the petitioner is under Section 489-B of the Indian Penal Code. The petitioner seeks anticipatory bail. 2. The learned counsel for the petitioner submitted that the petitioner is prepared to appear before the Investigating Officer to prove that he is innocent and he has bona fide possessed the fake currency note. Accordingly there will be a direction to the petitioner to appear before the Investigating Officer on 18th, 19th and 20th of July, 2011 at 9 A.M. 3. The learned Public Prosecutor submitted that the petitioner will not be arrested till 31st July, 2011. Post on 25th July, 2011. 5. It is submitted by the learned Public Prosecutor that the petitioner appeared before the Investigating Officer and he was thoroughly questioned. The petitioner stated that one Murukan had given him the currency notes. The whereabouts of Murukan could not be traced out. It is submitted by the learned Public Prosecutor that the investigation is in progress. B.A. No.5217 OF 2011 3 6. As the petitioner was interrogated, I am inclined to grant an order of anticipatory bail in favour of the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for `10,000/-(Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, 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 not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. B.A. No.5217 OF 2011 4 The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE. cms