IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 Bail Appl..No. 8206 of 2011() ----------------------------- CRIME NO.1068 OF 2010 OF MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM DT. PETITIONER: -------------------- USHENDRAMONY,NO.42,"USHAS",DR.CRP NAGAR, PANGAPPARA,SREEKARIYAM,THIRUVANANTHAPURAM. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR 5RI.P.M.SANEER RESPONDENT(S): --------------- STATE OF KERALA THROUGH THE CIRCLE INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION,NOW UNDER INVESTIGATION BY THE DY.S.P (CFS), THIRUVANANTHAPURAM REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.8206 OF 2011 --------------------------------- Dated this the 8th day of November, 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.1068 of 2010 of Medical College Police Station, Thiruvananthapuram District. 2.The offences alleged against the petitioner are under Sections 489-A, 489-B, 489-C and 489-D of the Indian Penal Code. 3.The prosecution case is that on 26.11.2010, counterfeit currency notes of the denomination of Rs.100/- to the tune of Rs.1,02,600/- and half printed currency notes of the denomination of Rs.500/- amounting to Rs.50,800/- were kept in two cars in the car porch of a flat taken on rent by the petitioner. It is alleged that accused Nos.1 and 2 are involved B.A.No.8206 OF 2011 2 in the offence and that there was constant contact between accused No.1 and accused No.2 immediately before the offence was committed. 4. The petitioner was arrested on 27.8.2011 and she was remanded to judicial custody. The first accused was arrested earlier and it is submitted that he was granted default bail under the proviso to Section 167(2) of the Code of Criminal Procedure. 5. The specific case of the petitioner is that the police found out the counterfeit currency notes on the information supplied by the petitioner. Her case is that though she was having connection with the first accused, later she was on inimical terms with the first accused. She has also got a case that the counterfeit currency notes were planted by the first accused by parking two cars containing the counterfeit currency notes in the garage of the flat. 6. I have gone through the voluminous case diary. It is not necessary to arrive at any conclusion on the contentions B.A.No.8206 OF 2011 3 put forward by the petitioner for the purpose of disposing of the Bail Application. 7. The petitioner is in judicial custody since 27.8.2011. Taking into account the peculiar facts and circumstances of the case, and the judicial custody undergone by the petitioner and also the fact that the petitioner is a woman, I am inclined to grant bail to the petitioner on stringent conditions. 8.The petitioner shall be released on bail on her executing bond for `50,000/-(Rupees Fifty thousand only) with two solvent sureties for the like amount to the satisfaction of the Court having jurisdiction, 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 and Thursdays for two months and thereafter 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 surrender her Passport B.A.No.8206 OF 2011 4 before the Court having jurisdiction. If the Passport is already seized by the police or if the petitioner does not have a Passport, an affidavit sworn to by the petitioner to that effect shall be filed before the Court. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) The petitioner shall cooperate with the investigating officer in the matter of investigation. 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. cms